United States Fifth Circuit

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Martin v. Halliburton, 09-20441

In an action against affiliated governmental contractors providing logistical support to the United States Army in Iraq based on the death of a US citizen working for the contractors, defendants' appeal from the denial of their motion to dismiss for lack of subject matter jurisdiction is dismissed where: 1) defendants failed to make a substantial showing that their allegedly tortious conduct was within the scope of their official duties and was discretionary in the sense that it involved governmental policy-making activities; 2) the court lacked jurisdiction to review the district court's denial of defendants' claim of derivative sovereign immunity; and 3) the combatant activities exception was not subject to a sui generis exemption from the ordinary jurisdictional requirements for denials of preemption claims.

Appellate Information

  • Decided 03/24/2010
  • Published 03/24/2010



  • United States Fifth Circuit