Nightmare in Iraq for Halliburton Employee Disclosed by Fifth Circuit Opinion

From the Fifth Circuit Civil News, the following harrowing story:

The U.S. Court of Appeals for the Fifth Circuit published the following on Tuesday, September 15: Jones v. Halliburton Co., No. 08-20380 (5th Cir. Sept. 15, 2009) (Barksdale, DeMoss and Stewart): Jones's lawsuit alleged that she, a Halliburton employee working in Baghdad, "was drugged, beaten and gang-raped" by co-workers in her company-provided housing.

The district court granted in part Halliburton's motion to compel arbitration; it denied the motion to the extent of Jones's claims for assault and battery; intentional infliction of emotional distress arising out of the alleged attack; negligent hiring, retention, and supervision of the alleged attackers; and false imprisonment.

So what happened on appeal?

The District Court ordered that litigation of the employee's non-arbitrable claims be stayed until completion of the arbitration. Halliburton appealed the partial denial. Holding: Affirmed and remanded. The scope of the arbitration agreement was determined by the Federal Arbitration Act and its case law, not by the Texas Arbitration Act (though it was otherwise governed by Texas law); thus, a TAA limitation on arbitrability of personal injury claims did not apply. The scope of the agreement extended to employment-related claims, but that provision "certainly stops at Jones's bedroom door"; it also extended to personal injury claims that arose in or about the workplace, but there was "very persuasive" evidence that Halliburton "did not consider the barracks to be a 'workplace.'"

What does this mean in terms of legal tactics? Halliburton's attempt to defend the case -- saying their barracks weren't part of the workplace -- will result in the assaulted employee getting a jury trial instead of arbitration on that claim.

But what's most important, and most disturbing, is that this major Federal contractor, with its well-known ties to former Vice President Cheney, failed its employee twice -- once, when it couldn't keep her safe, and second, when it failed to take responsibility for her injuries.

So: where are all the Republican Senators and Congress-folk who are clamoring for a review of ACORN? Are they also pushing for a review of THIS Federal contractor?

Don't hold your breath waiting to see that happen.

Here's the full Fifth Circuit opinion:

08-20380-CV0