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KBR Wants Losing Plaintiff to Pay Its Legal Fees

August 29, 2011 | Posted in : Defense Fees / Costs, Expenses / Costs, Fee Request, Fee Shifting, Fees as Sanctions, Prevailing Party Issues

A recent WSJ Law Blog story, “KBR Requests That That Losing Rape Complaint Pay Company’s Legal Fees” reports that KBR wants Jamie Leigh Jones, the Houston woman who claimed that she was raped while working in Iraq for defense contractor KBR.  Jones filed suit seeking $145 million in damages against KBR, claiming it condoned a hostile sexual climate in Iraq, but the jury last month rejected her claims.

In its fee motion (pdf) seeking to recover more than $2 million in attorney fees, KBR alleged that Jones’ rape and hostile work environment claims were fabricated and frivolous.  The company has also requested that she cover its court costs of $145,000.  In a reply brief, Jones countered that there is “nothing frivolous” about her claims, as evidence by the fact that the judge agreed to let her proceed to trial and the jury deliberated for more than 10 hours before reaching its verdict.

Her lawyer, Todd Kelly, said that in 16 years of practicing law he has never had a case where the defendant requested that a plaintiff cover its legal fees.  Jones does not have the means to cover KBR’s fee request, “nor could I,” Kelly said.  “They have beaten us and now they are attempting to crush us,” he added.  “This is an attempted by KBR to chill other people from bringing claims against them.”