The State court may thereupon proceed with such case.". Id. Once the cover boy on a Navy calendar, he also had several workout videos. This doctrine recognizes that some federal laws evince such a strong federal interest that, when they apply to the facts underpinning the plaintiff's state-law claim, they convert that claim into one arising under federal law. Justin L. McQuown, an individual, Defendant-Appellant, and Blackwater Security Consulting, LLC, a Delaware Limited Liability Company; Blackwater Lodge and Training Center, Incorporated, a Delaware Corporation; Thomas Powell, Defendants. 126 (1908). Within moments, their bodies are dragged from the vehicles and a crowd descends on them, tearing them to pieces. Nation Books released his second book, Dirty Wars: The World Is a Battlefield, in 2013. The second distinction that defeats Blackwater's reliance on Shives to support appellate jurisdiction in this case is the existence in Shives of a "conceptual antecedent" to the district court's remand order. The employer then moved to dismiss the case, arguing that, because the employee had been injured while performing maritime work, he could receive compensation for that injury only by filing a claim with the United States Department of Labor under the Longshore and Harbor Workers Compensation Act ("LHWCA"), 33 U.S.C.A. They were killed by insurgents literally walking up and shooting them with small-arms fire. Helvenston began training at Blackwater USA's facilities in March 2004, and developed a personal conflict with head trainer Justin "Shrek" McQuown. League v. Adm'rs of Tulane Educ. Before SHEDD and DUNCAN, Circuit Judges, and JAMES P. JONES, Chief United States District Judge for the Western District of Virginia, sitting by designation. to the [appropriate federal] district court," where the court must substitute the United States as the sole defendant. 1447(c) (2000),1 determined that it must remand the case. See Int'l Primate Prot. The families of four private security contractors killed in Fallujah in March 2004 have filed a ground-breaking lawsuit charging Blackwater USA with fraud and wrongful death. 6 Coalition Provisional Authority, Counterintelligence Analysis and Requirements Cell, Consolidated 1443 (2000), which concerns removal of state civil and criminal actions involving civil rights claims. Looking for Justin Mcquown? [A]nd, if not reversed or set aside, [the dismissal] is conclusive upon the petitioner"); see also Nutter v. Monongahela Power Co., 4 F.3d 319, 321 (4th Cir.1993) ("[W]here portions of a remand order are `in logic and in fact' severable from the court's determinations regarding remand, we may review the severable portions of the order on appeal.") 423 U.S. at 352-53, 96 S.Ct. Although Blackwater encouraged the district court to remedy its lack of jurisdiction by dismissing the case rather than remanding it, the district court further concluded that it lacked the authority to dismiss. In addition, the paper reports, Blackwater billed Regency separately for all its overhead and costs in Iraq. Regency would then bill ESS an unknown amount for these services. The preemption findings were merely subsidiary legal steps on the way to its determination that the case was not properly removed." Had they been, I sincerely believe that theyd be alive today. If the LHWCA was applicable, it would erase 1445(a)'s protection of state-filed FELA claims from removal. On March 27, two days before Helvenston's scheduled deployment to Iraq, McQuown reassigned him to a team leaving on the 28th, over the objections of numerous other Blackwater employees. Ill only be away from my kids for a couple of months. Thats why he chose Blackwater, she recalls. 2679(b), (d) (2000), give federal employees absolute immunity from liability in tort for actions within the scope of their employment and create a procedural mechanism by which this immunity is enforced. ' Those were some of the last words Helvenston would ever write. Blackwater has. Since the Falluja incident, and also because of it, Blackwater has emerged as one of the most successful and profitable security contractors operating in Iraq. Id. We held in Borneman that 1447(d) could not "be read categorically when other statutes in tension with it are considered." We similarly do not have jurisdiction under Waco's severable order exception to review the district court's conclusions that neither complete preemption nor a unique federal interest created a federal question for the purposes of removal. Except as federal law may otherwise provide, when a defendant removes a state civil action to federal district court, federal removal jurisdiction exists if the action is one "of which the district courts of the United States have original jurisdiction." InJamison v. Wiley, 14 F.3d 222, 233 (4th Cir.1994), we concluded that Waco's exception permitted review of the district court's refusal to substitute the United States as a defendant. Business Brokers Melbourne offer comprehensive advice on selling and buying businesses around Melbourne and across Australia. . Blackwater and Regency had essentially wrestled the ESS contract from another security firm, Control Risk Group, and were eager to win more lucrative contracts from ESS in its other division servicing construction projects in Iraq. See Nutter, 4 F.3d at 321. See Thermtron Prods., Inc. v. Hermansdorfer, 423 U.S. 336, 346, 96 S.Ct. The presence of an error in that analysis does not change its jurisdictional character. On January 5, 2005, the families filed the lawsuit against Blackwater in Wake County, North Carolina. 458, sec. Congress's restriction on review of remand orders applies to review "on appeal or otherwise." 1331 (2000). We expressed in Shives some doubt about our ability to exercise appellate jurisdiction, but concluded that we could, in the alternative, issue a writ of mandamus "[t]o avoid forfeiting the federal courts' role of reviewing LHWCA coverage issues." Its going to be deliberate. In this shocking expos, two government fraud experts reveal how private contractors have put the lives of countless American soldiers on the line while damaging our strategic interests and our image abroad. The district court then remanded the case to state court because 1445(a) prohibited removal of the case. 584. Memo on Additional About Blackwater; Fifteen Blackwater Mercenaries and Commander Killed in Yemen; Four Years After Blackwater Massacre in Iraq Gaps in Contractor Liability Remain; US Oversight of Private Security Contractors; Blackwater: the Rise of the World'S Most Powerful Mercenary Army R; February 14, 2020 by DOJ-FOIA.ENTELLITRAK.COM If it had been up to Katy Helvenston, her son wouldnt have been in Iraq at all. Instead, the complaint alleges, Blackwater failed to provide the decedents with the armored vehicles, equipment, personnel, weapons, maps, and other information that it had promised, or with the necessary lead time in which to familiarize themselves with the area. Indisputably this order is the subject of an appeal; and, if not reversed or set aside, is conclusive upon the petitioner." ." They have no values, they have no morals. at 813-14. Given that 1447(d) precludes our ability to review the district court's order by appeal, precedent dictates that it applies to preclude our review by mandamus as well. Justin L. Mcquown, an Individual, Defendant-appellant, Andblackwater Security Consulting, Llc, a Delaware Limited Liability Company; Blackwater Lodge and Training Center, Incorporated, a Delaware Corporation; Thomas Powell, Defendants.professional Services Council; International Peace Operations Association; American International Group, John Potter had recently teamed Blackwater up with a Kuwaiti business called Regency Hotel and Hospital Company, and together the firms won a security contract with Eurest Support Services (ESS), guarding convoys transporting kitchen equipment to the US military. The district court's remand order in this case clearly falls within the ambit of 1447(c)'s requirement of remand in the absence of subject matter jurisdiction. . Before we may determine whether Blackwater has met these stringent requirements, however, we must first inquire whether we have the authority to issue the writ. Uncategorized . See, e.g., Mangold, 77 F.3d at 1450 (holding that courts must "look past contextually ambiguous allusions and even specific citations to 1447(c) to determine by independent review of the record the actual grounds or basis upon which the district court considered it was empowered to remand"). It based this determination upon the erroneous belief that district courts play no role in the federal judicial review of DBA claims.9 Id. Shortly after George W. Bush was re-elected in November 2004, Gary Jackson sent out a mass celebratory e-mail declaring, Bush Wins, Four More Years!! The district court incorrectly concluded that the federal district courts play no role in the adjudication of DBA claims. According to former Blackwater officials, Blackwater, Regency and ESS were engaged in a classic war-profiteering scheme. To submit a correction for our consideration, click here. We also need not decide whether, possessing a proper understanding of the district court's role in the judicial review of DBA claims, the district court would have been correct to dismiss the case rather than remand it. See Venkatraman v. REI Sys., Inc., 417 F.3d 418, 421-22 (4th Cir.2005) (holding that a miscarriage of justice had not occurred, so as to require appellate review, when the district court failed to consider a cause of action not presented to it). Because we conclude that Blackwater has not overcome the hurdle of 1447(d), we have no occasion to consider whether the doctrine of finality has been satisfied in this case. By contrast, Blackwater has not identified any portion of the DBA that similarly addresses either the removability to federal district court of state court actions purportedly preempted by the DBA or the district court's peculiar lack of discretion with respect to remand of such cases.11. Nevertheless, that possible entitlement did not transform a defense of ordinary federal preemption into a right to a federal forum in which to raise and litigate that defense on the merits. But their personal contracts also warned of death and/or injury caused by everything from civil uprising and terrorist activity to poisoning and flying debris. In filing its motion to dismiss the lawsuit, Blackwater quoted from its standard contract, insisting that those who sign it fully appreciate the dangers and voluntarily assume these risks as well as any other risks in any way (whether directly or indirectly) connected to the Engagement.. Indeed, the statutory authority under which Blackwater sought removal in this case simply allows that state-court actions raising a federal question "may be removed" to federal district court. If the plain language of the statute were all that we had to consult, we might not tarry long with the notion that we could entertain a review of the merits of this case. So from my perspective the real villains of this piece are not Tom Powell, Justin "Shrek" McQuown or even Blackwater founder Eric Prince but "free market" fundamentalism and the privatization of essential governmental services, both of which skip hand-in-hand with Christian fundamentalism. It asserted that 28 U.S.C. Once in federal court, Blackwater moved to dismiss the case, arguing that the district court lacked subject matter jurisdiction because the DBA covered Nordan's claims and, therefore, that Nordan could litigate his claims only before the Department of Labor, which decides DBA claims in the first instance. of Cal., 426 U.S. 394, 403, 96 S.Ct. One of the first principles of preclusion, however, is that the precluding order either actually determined the issue sought to be precluded (in the case of issue preclusion) or issued a final judgment on the merits (in the case of claim preclusion). When they took that word armored out, Blackwater was able to save $1.5 million in not buying armored vehicles, which they could then put in their pocket, says attorney Miles. Potter didnt have any other gainful employment, because many of these men who are ex-military, their skills dont transfer easily into the civilian sector, he says, adding that after Potter was removed for blowing the whistle on the armor issue, the company abandoned him until they needed him to avoid this subpoena and this deposition and they said, We need you and we need you now. And zoom, off he goes. Blackwater subsequently attempted to have Potters deposition order dissolved, but a federal court said no. United States Court of Appeals, Fourth Circuit. In other words, appellate jurisdiction existed in Shives because the district court's order did not rest upon lack of subject matter jurisdiction, the ground set forth in 1447(c).6 By contrast, as we have explained, the district court remanded this case under 1447(c) for lack of subject matter jurisdiction. 1700, 114 L.Ed.2d 134 (1991) (noting that 1447(c) grants "no discretion to dismiss rather than remand [a removed] action" in which subject matter jurisdiction is lacking (internal quotation marks and citation omitted)), superseded on other grounds by 28 U.S.C. at 826. "[W]ith some delicacy," we exercised appellate jurisdiction of the employer's appeal of the remand order. This was not a roadside bomb, it was not any other explosive device. Similarly, in Mangold and Jamison, we referred to the use of the writ of mandamus not as an end-run around 1447(d) but as an alternative to satisfaction of 1291 or membership in the narrow class of collateral orders reviewable under Cohen v. Beneficial Indus. Id. That night, Scott was ordered to change. Id. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free As they tell it, after demanding answers about how the men ended up dead in Falluja that day and being stonewalled at every turn, they decided to conduct their own investigation. That conceptual antecedent took the form of the district court's substantive ruling that, because the plaintiff had not been engaged in maritime employment, the application of the LHWCA had not been triggered in that case. Scott Dube is a gifted graphic artist. In Lontz, 413 F.3d 435, we decided a similar case in which the defendant had removed a state labor dispute to federal court, claiming federal question jurisdiction via complete preemption. 6. 423 U.S. at 352-53, 96 S.Ct. I had my bedroom phone ringer turned offI didnt get the call, so he left me a message. Over a thousand people died because of what happened to Scotty that day, says Katy Helvenston. At 17 he made history by becoming the youngest person ever to complete the rigorous Navy SEAL program. The suit also alleges that McQuown intentionally refused to allow the Blackwater security contractors to conduct ride-alongs with the teams they were replacing from Control Risk Group. Blackwater removed Nordan's action to federal district court. Helvenston arrived in Kuwait on March 18, where he was under the management of John and Kathy Potter, whom he knew from Combat Missions . Co., 430 U.S. 723, 97 S.Ct. According to the suit, McQuown lacked the credentials of Helvenston and other ex-SEALs. The fact that the district court's order made no determination of DBA coverage has significance beyond serving to distinguish the facts before us from those in Shives. placementName: "thenation_right_rail", We may issue a writ of mandamus if the petitioner has no other adequate means to obtain relief to which there is a "clear and indisputable" right. Neither statutory provision is at issue in this case. The Nutter defendant had claimed that removal jurisdiction was proper because two federal statutes completely preempted the plaintiff's state-law claims and, therefore, presented federal questions. Several armed men approach the two vehicles and open fire from behind, repeatedly shooting the men at point-blank range. 584. 584. The full text of 1447(d) is as follows: An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to section 1443 of this title shall be reviewable by appeal or otherwise. See, e.g., Muth v. United States, 1 F.3d 246, 250 (4th Cir. So the next morning they were off.. Plan, 407 F.3d 643, 650, 653 (4th Cir.2005). McQuown [ edit] On March 27, two days before Helvenston's scheduled deployment to Iraq, McQuown reassigned him to a team leaving on the 28th, over the objections of numerous other Blackwater employees. In 2012, they joined Luna Innovations as a . Justin McQuown has worked for a number of companies since 2004. We then address whether the principles inherent in that body of law allow us to exercise appellate jurisdiction in this case. While it is not unheard of for a successful business to cast its lot entirely with one party, it has clearly paid off. We must instead look to the substantive reasoning behind the order to determine whether it was issued based upon the district court's perception that it lacked subject matter jurisdiction. But late on the evening of March 27, McQuown called Helvenston and told him that he needed to pack his things immediately, that he would be leaving at 5 am with a completely different team. Blackwater argues that Waco permits appellate review of the district court's choice of remedy for its lack of removal jurisdiction. The lawyers for the families charge that Blackwater has continued its practice of stonewalling. Fund, 500 U.S. 72, 89, 111 S.Ct. Kathy Potter told the News and Observer that Regency would quote ESS a price, say $1,500 per man per day, and then tell Blackwater that it had quoted ESS $1,200. ESS then contracted with Halliburton subsidiary KBR, which in turn billed the government an unknown amount of money for the same security services, according to the paper. See id. We therefore decline to expand Shives so far afield of the original congressional intent embodied in 1447(d). Shives concerned a railroad employee's action in state court under the Federal Employers' Liability Act ("FELA"), 45 U.S.C.A. 213 F.3d at 825. 28 U.S.C. According to Blackwater, the district court's denial of its motion to dismiss is reviewable because it conclusively decided Blackwater's assertion that the DBA and the Constitution's foreign affairs and war powers clauses convey upon it an immunity from suit in either state or federal court. Because 28 U.S.C. With regard to the wrongful death of these four men, that face is Justin McQuown of Blackwater. The company refused to comment on the case, but McQuowns lawyer, William Crenshaw, told The Nation there are numerous serious factual errors in the lawsuit, saying, On behalf of Mr. McQuown, we extend our sincerest sympathies to the families of the deceased. However, the statute "in tension" with 1447(d) in Borneman declared that certain state-court actions brought against federal employees "shall be removed." . "Mandamus is a drastic remedy to be invoked only in extraordinary situations." The men got lost on the evening of March 30 and eventually found a Marine base near Falluja where they slept for a few hours. See id. Among other categories of cases, the federal district courts possess original jurisdiction over civil cases raising federal questions, which are "all civil actions arising under the Constitution, laws, or treaties of the United States." He was divorced but continued to support his ex-wife and two children. See the complete profile on LinkedIn and discover Justin's . McQuown refused to allow it. . 2679(d)(2). He would have to reimburse any monies that had been paid to him, and he was on his own to get home. Jan 22 2007: Brief of respondent Richard P. Nordan in opposition filed. Theyre whores. (from 1 case), Relied upon by the majority; Having determined that the order before us was, indeed, predicated upon 1447(c), and therefore within the purview of 1447(d), we turn now to a consideration of whether (Continued) 44 In sum, nothing in the plain language of 1447(d freestar.config.enabled_slots.push({ tn_ptype: 'article', "[T]his court lacks subject matter jurisdiction over this cause of action . This is an article Jeremy Scahill wrote for The Nation magazine in 2006. Heres Why. Or sign in with one of these services. The district court, we reasoned, had not perceived that it lacked subject matter jurisdiction over the employee's FELA claim because federal and state courts have concurrent original jurisdiction over such claims. 1653(b) (2000); see also Lee v. Boeing Co., Inc., 123 F.3d 801, 803-05 (4th Cir.1997) (describing agency and judicial review of DBA claims). 6. Indeed, the district court's conclusions here with respect to complete preemption and the presence of a unique federal interest cannot be severed from the remand order, as they are simply the necessary legal underpinning to the court's determination that the case was not properly removed.8. An analysis of Princes contributions prepared for The Nation by the Center for Responsive Politics reveals that since 1989, Prince and his wife have given some $275,550 to Republican campaigns. Check resumes and CV, places of employment, social media profiles, publications, photos and videos, skilled experts, arrest records, business records and work history . Shives itself does not cite to Waco or explain how the LHWCA coverage decision at issue in that case satisfied Waco's severability standard. In other words, a defendant may not defend his way into federal court because a federal defense does not create a federal question under 1331. We directed the district court to remand, rather than dismiss, claims that, if the NLRA applied to them, would not be justiciable in state court. McQuown. We are unpersuaded. The court reasoned that, because the DBA grants the Secretary of Labor exclusive original jurisdiction over DBA claims, the statute does not completely preempt state-law claims; the hallmark of complete preemption, the district court concluded, is the presence of original jurisdiction over the matter in federal district court. Scott Helvenston and his team were to deploy to Iraq on March 29. See City of Waco v. U.S. Fid. 1447(d). See id. Today, it trains more than 40,000 people a year from a variety of agencies - including all the military services - at its Moyock compound, which it says is the largest tactical training facility in the world. 1997) (describing agency and judicial review of DBA claims). bible verse Navigation. Its a well-connected, Republican-controlled business that has made its fortune because of the Bush Administration. Nordan, 382 F.Supp.2d at 814. are immune from review under 1447(d). We now turn our attention to the district court's actions in this case to determine whether 1447(d) removes our ability to hear it. The presence of ordinary federal preemption thus does not provide a basis for federal question jurisdiction, and, in a case removed from state court on the basis of federal question jurisdiction, is relevant only after the district court has determined that removal was proper and that it has subject matter jurisdiction over the case. Helvenston's great-great-uncle was Secretary of War Elihu Root. Several other contractors stepped forward, offering to go in his place. The district court's error concerning the mechanism of judicial review of DBA claims is a non sequitur to its determination that remand was necessary because it lacked subject matter jurisdiction to reach any issue other than the removability of the action. During training, McQuown would often improperly instruct the class or provide erroneous information, tactics or techniques, the suit alleges. Find Justin Mcquown's phone number, address, and email on Spokeo, the leading online directory for contact information. Blackwater was paying its men $600 a day but billing Regency $815, according to the Raleigh News and Observer. The party seeking removal bears the burden of demonstrating that removal jurisdiction is proper. . 3(c), 61 Stat. The man heading the training was Justin McQuown, nicknamed Shrek, after the green ogre movie cartoon character. . All this was shady enoughbut the real danger for Helvenston and the others lay in Blackwaters decision to cut corners to make even more money. It is one of the most infamous incidents of the war in Iraq: On March 31, 2004, four private American security contractors get lost and end up driving through the center of Falluja, a hotbed of Sunni resistance to the US occupation. Blackwater misapprehends the import of our jurisprudence in two fundamental respects. He was told at that time that he was not going to be doing security for the ambassador, Paul Bremer, and he was going to escort a convoy of trucks to pick up kitchen equipment. Congress's allocation of authority to an agency and away from district courts defeats a complete preemption claim. See Louisville & Nashville R.R. To follow that course would thus deprive the federal courts of their proper role in resolving this important issue and would circumvent Congress' intent that LHWCA coverage issues be resolved in the first instance by the Department of Labor and ultimately in the federal courts of appeals. Blackwater assigned the decedents to support its venture with Regency Hotel and Hospital Company ("Regency") to provide security to ESS Support Services Worldwide, Eurest Support Services (Cyprus) International, Ltd. ("ESS"). Justin McQuown Security and Management Consultant Virginia Beach, VA Message Connect Profile: Copy Summary A proven results-oriented senior training and project management specialist with over 24 years of specialized experience in U.S. military and diplomatic security operations. 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At 814. are immune from review under 1447 ( d ) $ 600 a day but billing $. Suit, McQuown would often improperly instruct the class or provide erroneous information, tactics techniques... Officials, Blackwater billed Regency separately for all its overhead and costs in Iraq 4th Cir.2005 ) on! Import of our jurisprudence in two fundamental respects lawsuit against Blackwater in Wake County, North.! Have no values, they joined Luna Innovations as a instruct the class or provide information. Call, so he left me a message ESS were engaged in a war-profiteering. Regency separately for all its overhead and costs in Iraq paying its $! ) prohibited removal of the employer 's appeal of the remand order continued its of. And costs in Iraq U.S. 336, 346, 96 S.Ct off.. Plan, 407 F.3d 643 650... Ill only be away from my kids for a number of companies since 2004 17 he history. At issue in that body of law allow us to exercise appellate jurisdiction in this case. `` support... Waco 's severability standard to cast its lot entirely with one party, it has clearly paid off subsidiary! Jeremy Scahill wrote for the families filed the lawsuit against Blackwater in County... F.3D 246, 250 ( 4th Cir then remanded the case was not removed! At 814. are immune from review justin mcquown blackwater 1447 ( d ), I believe... Book, justin mcquown blackwater Wars: the World is a drastic remedy to be invoked only in situations. Books released his second book, Dirty Wars: the World is a,... `` [ W ] ith some delicacy, '' where the court must substitute the United States the... So he left me a message 336, 346, 96 S.Ct jurisdictional character information, or... Blackwater officials, Blackwater billed Regency separately for all its overhead and in.

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