Blackwater sues the dead

Blackwater apparently filed this $10M countersuit no later than [link|http://prairieweather.typepad.com/the_scribe/2007/03/blackwater_usa_.html|March]:

Fresh Air -- 3/19/07 -- Interview with Jeremy Scahill about his book: "Blackwater: The Rise of the World's Most Powerful Mercenary Army"

[...]

NPR: So in this Fallujah suit, Blackwater filed a countersuit against the families that are suing. What does the countersuit say?

JS: Blackwater would say that they're not suing the families, they're suing the estates of the four men killed at Fallujah, saying that they violated the terms of the contract which said they wouldn't sue in the event of their death in Iraq or in the war zone. So this is a $10M claim that was filed in an attempt to force the lawsuit out of the court system and into arbitration proceedings. It's part of Blackwater's multi-pronged approach to fighting this lawsuit. They're trying desperately to get this case out of state court in North Carolina, and this is one of the great moves in that game!

NPR: So do all employees of Blackwater have to sign a pledge that they will never sue?

JS: You should read the contract that these guys sign when they go in to Iraq. It basically lists every possible way a human being could be killed, including debris falling from the sky! It says that you won't hold Blackwater accountable for your death. But what the families of the four men killed would allege is that that's all well and good except you were also operating under a contract, Blackwater, that said these men would be provided with armored vehicles, heavy weapons, three men to a vehicle. The families say, You defrauded our men and that nullifies the contract!

So the Blackwater countersuit was intended to force arbitration.

[link|http://www.journalnow.com/servlet/Satellite?pagename=WSJ%2FMGArticle%2FWSJ_BasicArticle&c=MGArticle&cid=1173351356745|Winston-Salem Journal]:

Saturday, May 26, 2007

Civil lawsuit against security contractor Blackwater USA will be settled in private arbitration, keeping company out of court

[...]

After years of appeals and legal maneuvering, Blackwater USA, a security contractor, has successfully steered a wrongful-death lawsuit filed by the families of the four slain employees into private arbitration.

The move will keep Blackwater, a secretive North Carolina company, away from the light of a courtroom, where many expected to learn details about it and what critics call the private army it fields in Iraq and elsewhere.

[...]

But the company didn\ufffdt find a friendly legal venue until recently, when U.S. District Judge James Fox, citing a clause in the employees\ufffd contracts, ruled that the case should leave the public courtroom for the private world of arbitration.

\ufffdOut of respect for due process of law, our policy is not to comment on the merits of ongoing litigation, but anyone who supports the rule of law should be encouraged to see the written agreement finally being honored and the dispute heading to arbitration as the parties agreed,\ufffd said Anne Tyrrell, a spokeswoman for Blackwater.

Though the families have appealed Fox\ufffds order, they will face a daunting task to get the case back inside a courtroom, said Katherine Stone, a UCLA law professor who teaches arbitration and labor law. To succeed, the attorneys must prove that there are problems or fraud involved with the arbitration clause of the slain men\ufffds contract.

Attorneys began the arbitration process yesterday with a preliminary hearing. The proceeding, and all those that will follow, was held in private, unlike a civil trial that would have had public testimony and an open file of documents.

[...]

The AP story above doesn't mention the countersuit. I would assume that it will be withdrawn if arbitration goes ahead. Since it sounds likely that the case will be arbitrated, the $10M suit against the estates seems to be moot.

IANAL.

I do wonder why the countersuit is getting so much press now, though.

FWIW.

Cheers,
Scott.
(Who agrees that the countersuit was a boneheaded, mean, nasty thing to do. They should have worked from the assumption that they would prevail on the merits if they had confidence in the contract and in their business practices.)

Post #286,540 by Silverlock 6/8/07 12:13:13 PM Reply	Blackwater sues the dead [link\|http://alternet.org/waroniraq/53460/\|Link] Raleigh, NC -- The families of four American security contractors who were burned, beaten, dragged through the streets of Fallujah and their decapitated bodies hung from a bridge over the Euphrates River on March 31, 2004, are reaching out to the American public to help protect themselves against the very company their loved ones were serving when killed, Blackwater Security Consulting. After Blackwater lost a series of appeals all the away to the U.S. Supreme Court, Blackwater has now changed its tactics and is suing the dead men's estates for $10 million to silence the families and keep them out of court. Scum. ----------------------------------------- Atheism is a religion in the same sense that not collecting stamps is a hobby.
Post #286,541 by bepatient 6/8/07 12:18:23 PM Reply	Agreed Too much of today's music is fashionable crap dressed as artistry._{Adrian Belew}
Post #286,575 by crazy 6/9/07 12:09:40 AM Reply	They were mercenaries Think Mr Joshua in Lethal Weapon. They were war profiteers, killing for fun and profit, and paid the price. No sympathy. For them or their families. Well maybe a bit for the families, but not a lot. Certainly not enough to back them in their quest to cause Blackwater any pain. Blackwater is a seriously scary company, not to be trifled with. I'm a bit surprised the familes didn't just disappear.
Post #286,599 by bepatient 6/9/07 10:12:22 AM Reply	Methinks y'all may assume too much and regardless there are certainly MUCH better ways to handle the families than this. Too much of today's music is fashionable crap dressed as artistry._{Adrian Belew}
Post #286,629 by boxley 6/9/07 9:11:26 PM Reply	Did they pay any life insurance due? Then STFU families Ya takes the money and takes yer chances. Been times that folks get to the end and there isnt even money to pay a portion of what was promised. Nature of the industry. So sueing Blackwater is a fucking joke. Even if the families arnt aware of that, they should be by now. Sympathy for their loss? yes. Sympathy for their suit? Fuck no because it makes it harder for decent hard working folk in that industry to get gigs. thanx, bill Quantum materiae materietur marmota monax si marmota monax materiam possit materiari? Any opinions expressed by me are mine alone, posted from my home computer, on my own time as a free american and do not reflect the opinions of any person or company that I have had professional relations with in the past 51 years. meep reach me at [link\|mailto:bill.oxley@cox.net\|mailto:bill.oxley@cox.net]
Post #286,652 by CRConrad 6/10/07 3:02:35 PM Reply	Ya think that's an "industry" of "decent hard working folk"?
Post #286,654 by boxley 6/10/07 5:33:25 PM Reply	it can be. Lots of ex military regular folks who have needed skills. You dont get to be a top notch merc without being knowledgeable, diciplined and practiced thanx, bill Quantum materiae materietur marmota monax si marmota monax materiam possit materiari? Any opinions expressed by me are mine alone, posted from my home computer, on my own time as a free american and do not reflect the opinions of any person or company that I have had professional relations with in the past 51 years. meep reach me at [link\|mailto:bill.oxley@cox.net\|mailto:bill.oxley@cox.net]
Post #286,659 by crazy 6/10/07 6:46:08 PM Reply	"Top notch" or cannon fodder? Either way, they signed up for it. At at least a few multiples over regular military wages. No sympathy.
Post #286,601 by Another Scott 6/9/07 10:39:41 AM Reply	Devil's Advocate time again.... Blackwater apparently filed this $10M countersuit no later than [link\|http://prairieweather.typepad.com/the_scribe/2007/03/blackwater_usa_.html\|March]: Fresh Air -- 3/19/07 -- Interview with Jeremy Scahill about his book: "Blackwater: The Rise of the World's Most Powerful Mercenary Army" [...] NPR: So in this Fallujah suit, Blackwater filed a countersuit against the families that are suing. What does the countersuit say? JS: Blackwater would say that they're not suing the families, they're suing the estates of the four men killed at Fallujah, saying that they violated the terms of the contract which said they wouldn't sue in the event of their death in Iraq or in the war zone. So this is a $10M claim that was filed in an attempt to force the lawsuit out of the court system and into arbitration proceedings. It's part of Blackwater's multi-pronged approach to fighting this lawsuit. They're trying desperately to get this case out of state court in North Carolina, and this is one of the great moves in that game! NPR: So do all employees of Blackwater have to sign a pledge that they will never sue? JS: You should read the contract that these guys sign when they go in to Iraq. It basically lists every possible way a human being could be killed, including debris falling from the sky! It says that you won't hold Blackwater accountable for your death. But what the families of the four men killed would allege is that that's all well and good except you were also operating under a contract, Blackwater, that said these men would be provided with armored vehicles, heavy weapons, three men to a vehicle. The families say, You defrauded our men and that nullifies the contract! So the Blackwater countersuit was intended to force arbitration. [link\|http://www.journalnow.com/servlet/Satellite?pagename=WSJ%2FMGArticle%2FWSJ_BasicArticle&c=MGArticle&cid=1173351356745\|Winston-Salem Journal]: Saturday, May 26, 2007 Civil lawsuit against security contractor Blackwater USA will be settled in private arbitration, keeping company out of court [...] After years of appeals and legal maneuvering, Blackwater USA, a security contractor, has successfully steered a wrongful-death lawsuit filed by the families of the four slain employees into private arbitration. The move will keep Blackwater, a secretive North Carolina company, away from the light of a courtroom, where many expected to learn details about it and what critics call the private army it fields in Iraq and elsewhere. [...] But the company didn\ufffdt find a friendly legal venue until recently, when U.S. District Judge James Fox, citing a clause in the employees\ufffd contracts, ruled that the case should leave the public courtroom for the private world of arbitration. \ufffdOut of respect for due process of law, our policy is not to comment on the merits of ongoing litigation, but anyone who supports the rule of law should be encouraged to see the written agreement finally being honored and the dispute heading to arbitration as the parties agreed,\ufffd said Anne Tyrrell, a spokeswoman for Blackwater. Though the families have appealed Fox\ufffds order, they will face a daunting task to get the case back inside a courtroom, said Katherine Stone, a UCLA law professor who teaches arbitration and labor law. To succeed, the attorneys must prove that there are problems or fraud involved with the arbitration clause of the slain men\ufffds contract. Attorneys began the arbitration process yesterday with a preliminary hearing. The proceeding, and all those that will follow, was held in private, unlike a civil trial that would have had public testimony and an open file of documents. [...] The AP story above doesn't mention the countersuit. I would assume that it will be withdrawn if arbitration goes ahead. Since it sounds likely that the case will be arbitrated, the $10M suit against the estates seems to be moot. IANAL. I do wonder why the countersuit is getting so much press now, though. FWIW. Cheers, Scott. (Who agrees that the countersuit was a boneheaded, mean, nasty thing to do. They should have worked from the assumption that they would prevail on the merits if they had confidence in the contract and in their business practices.)

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