Rocky Bixby v. Kbr, Inc.

MEMORANDUM

Several dozen members of the Oregon National Guard brought suit against military contractor KBR, Inc., and its subsidiaries, alleging fraud and negligence arising out of the operation of a water treatment plant at Qarmat Ali, in Iraq. Because the parties are familiar with the facts, we set them out only briefly in this disposition. After a bellwether trial, a jury unanimously found that the defendants had not committed fraud, but had been negligent, and awarded over $80 million in damages. The defendants appeal the verdict and the damages award, and the plaintiffs cross-appeal. We have jurisdiction under 28 U.S.C. § 1291 . We reverse and remand for further proceedings.

We address only one issue on appeal: whether the defendants are subject to personal jurisdiction in Oregon in light of Walden v. Fiore, — U.S. -, 134 S.Ct. 1115 , 188 L.Ed.2d 12 (2014). We conclude that they are not. The district court found the exercise of specific jurisdiction over defendants appropriate under Calder v. Jones, 465 U.S. 783 , 104 S.Ct. 1482 , 79 L.Ed.2d 804 (1984). Under Calder , we have held, “the defendant allegedly must have (1) committed an intentional act, (2) expressly aimed at…