Woman awarded $3M in assault claim against KBR(Tracy Barker)

[maddezmom]

Source: AP

HOUSTON — A woman who claimed she was raped in 2005 while working in Iraq for a former Halliburton Co. subsidiary has been awarded nearly $3 million by an arbitrator to settle her case.

Tracy Barker had sued U.S. contractor KBR Inc., its former parent company Halliburton and several affiliates in May 2007, claiming she was sexually attacked by a State Department employee while working as a civilian contractor in the southern Iraqi city of Basra.

A federal judge in Houston had dismissed Barker's lawsuit in January 2008, ruling she had to abide by an employment agreement she signed that said any claims she made against the companies would have to be settled through arbitration and not the courts.

Court records filed this week show Barker was awarded a judgment of $2.93 million to settle her arbitration claim against KBR.



Read more: http://www.google.com/hostednews/ap/article/ALeqM5jokPPhhCAeuOUqVj6Wdr87L5gGQAD9C2S7C80

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On Wednesday, it looked as if Barker was going to walk away with a more than just a tidy sum. Her attorney filed a report with the court claiming that Barker "prevailed on her arbitration claim" and was awarded $2,934,376.60 by the arbitrator.

But that was yesterday.


Today, Halliburton/KBR attorneys filed a response, essentially saying, Not so fast, Barker.


The response states that the arbitrator has not, in fact, issued a final award and that KBR is seeking to modify the amount because the arbitrator did not apply statutory caps on the amount of money that can be awarded.

It seems like the two sides still have more to discuss. We'll let you know how this all shakes out.


more:http://blogs.houstonpress.com/hairballs/2009/11/halliburton_kbr_rape_1.php

[fasttense]

1. There are statutory caps on RAPE?

Who knew? Who knew that you could sign a piece of paper that gave away your right to bring criminal charges against criminals?

I think I'll get my bank to sign one of those phony contracts. It'll say that if I rob their bank, they can't hold me liable and must come before my Mom and Dad to appeal it.

It's amazing how we little people have to follow all these arbitrary and unjust contracts and laws, yet corporations are allowed to not pay their oil pumping fees, overcharge billions on contracts and yet still be able to win more contracts, rape their employees and not get charged as criminals, murder innocent civilians and not end up in jail.

I wonder if I incorporated myself I could I then go rape women too?

[Tempest]

3. And with no criminal charges

The rapists get away scot free.

[formercia]

2. Arbitration works for KBR as long as someone else loses.

Laws are for little people.

[Lorien]

4. So, congress has "issues" with funding Acorn but none with giving

billions to the corrupt rapists at KBR? That's pretty freaking sick. Some "family values", eh?

[TexasObserver]

5. Recommend. It's about time this woman finally got a little justice.

KBR = Kellogg/Brown&Root

The same Brown and Root that got big and wealthy from the Vietnam contracts George Brown got from LBJ's defense department.

This case has been fairly well covered in Houston the past two years. It has gotten occasional national coverage, but not as much as one would think. With so much objectionable conduct in the war zone and so much "support the troops" as a mantra to overtalk any unpleasant comments about US misconduct there, one contractor being raped doesn't get much play.

This story was much worse than just the rape. It was the way KBR treated this employee after she reported a rape. They literally threw her into a container and held her there for 12-24 hours. They actively conspired to try to force her to recant.

$3 mil is not enough, but an arbitrator will calculate damages in a machine like manner, and that is why the number might not be higher. There may also be some limits in the arbitration agreement.

The good news is that if this award holds up, which it should, she'll get the amount she won, plus interest from the date of judgment, and perhaps from the date of the incident. Interest could add another $400-500K.

[ensho]

6. agree

nt

[TexasObserver]

7. This is a victory of one woman ...

... and her trial lawyer.They did it by themselves, against the world's biggest defense contractor, with the courts enforcing the right of arbitration invoked by KBR.

These cases happen only because a lawyer or a law firm commits to take a big chance on the outcome and pump hundreds of thousands of dollars of work product and costs into the case.