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| Call for a FREE case evaluation: (713) 255-2055 |
| Arbitration Provision Defeated by Kelly Law Firm!! |
HOUSTON - A woman who says co-workers raped her while she was a contractor
in Iraq should have her case tried in court, not settled in private arbitration, her
lawyer told a federal judge Wednesday.
In a federal lawsuit, Jamie Leigh Jones says she was drugged, raped and held
against her will in a storage locker while working for KBR Inc., then a subsidiary
of Halliburton Co., in 2005.
As part of her employment, Jones agreed to settle claims against the company in
arbitration. But she never imagined such claims would include being imprisoned
in a storage locker, said one of her attorneys, L. Todd Kelly.
Attorneys for Halliburton and KBR argued that the contract Jones signed binds
her to settle all claims — including claims of sexual assault — against her former
employer through arbitration.
Halliburton attorney W. Carl Jordan said that because the purported attack is
said to have happened in Halliburton-provided barracks, it ties any claims Jones
makes to her employment.
Attorneys for Halliburton, KBR and other subsidiaries that have been sued have
disputed Jones' allegations. KBR split from Halliburton last year.
U.S. District Judge Keith Ellison is expected to rule at a later date.
Jones sued in May, saying she was raped by co-workers at Camp Hope,
Baghdad, in 2005.
The Associated Press usually does not identify people who say they have been
sexually assaulted, but Jones' face and name have been broadcast in media
reports and on her own Web site.
According to the lawsuit, Jones endured harassment by some of the men living in
her barracks and was drugged and raped on July 28, 2005. Her attackers were
firefighters for Halliburton and KBR, the suit alleges.Jones said she was kept in a
shipping container for a day so she wouldn't report the assault.
Jordan rebutted Jones' claim that she was held against her will, saying she
received medical care and was able to call her family."Ms. Jones has changed her
account several times," Jordan said.
Kelly argued that the attack was not related to Jones' employment and that she
was not "a 24-hour employee."
"If she had been on call or required to work out of her living space, then she
could be seen to be in her work area," he said.
In January, a judge in a similar lawsuit, filed in federal court in Houston by
another female contract worker, ruled the case should be settled through
arbitration.
In December, Jones detailed her allegations to a congressional subcommittee.
Several members of Congress have criticized the Justice, State and Defense
departments for the way the case was handled. Congress has pressured the Bush
administration to force U.S. contractors in Iraq to offer better their employees
better protection from crimes.
Paul Bresson, a spokesman for the Justice Department, said Wednesday that his
agency is investigating Jones' case but declined to comment further.
in Iraq should have her case tried in court, not settled in private arbitration, her
lawyer told a federal judge Wednesday.
In a federal lawsuit, Jamie Leigh Jones says she was drugged, raped and held
against her will in a storage locker while working for KBR Inc., then a subsidiary
of Halliburton Co., in 2005.
As part of her employment, Jones agreed to settle claims against the company in
arbitration. But she never imagined such claims would include being imprisoned
in a storage locker, said one of her attorneys, L. Todd Kelly.
Attorneys for Halliburton and KBR argued that the contract Jones signed binds
her to settle all claims — including claims of sexual assault — against her former
employer through arbitration.
Halliburton attorney W. Carl Jordan said that because the purported attack is
said to have happened in Halliburton-provided barracks, it ties any claims Jones
makes to her employment.
Attorneys for Halliburton, KBR and other subsidiaries that have been sued have
disputed Jones' allegations. KBR split from Halliburton last year.
U.S. District Judge Keith Ellison is expected to rule at a later date.
Jones sued in May, saying she was raped by co-workers at Camp Hope,
Baghdad, in 2005.
The Associated Press usually does not identify people who say they have been
sexually assaulted, but Jones' face and name have been broadcast in media
reports and on her own Web site.
According to the lawsuit, Jones endured harassment by some of the men living in
her barracks and was drugged and raped on July 28, 2005. Her attackers were
firefighters for Halliburton and KBR, the suit alleges.Jones said she was kept in a
shipping container for a day so she wouldn't report the assault.
Jordan rebutted Jones' claim that she was held against her will, saying she
received medical care and was able to call her family."Ms. Jones has changed her
account several times," Jordan said.
Kelly argued that the attack was not related to Jones' employment and that she
was not "a 24-hour employee."
"If she had been on call or required to work out of her living space, then she
could be seen to be in her work area," he said.
In January, a judge in a similar lawsuit, filed in federal court in Houston by
another female contract worker, ruled the case should be settled through
arbitration.
In December, Jones detailed her allegations to a congressional subcommittee.
Several members of Congress have criticized the Justice, State and Defense
departments for the way the case was handled. Congress has pressured the Bush
administration to force U.S. contractors in Iraq to offer better their employees
better protection from crimes.
Paul Bresson, a spokesman for the Justice Department, said Wednesday that his
agency is investigating Jones' case but declined to comment further.
