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After graduating law school, Burke worked for Covington & Burling, Department of Justice, Civil Frauds, and Mintz Levin. In 2000, Burke became an Equity Partner at the law firm of Montgomery, McCracken, Walker and Rhoads LLP. In August<ref name=Profile /> of 2005 she left to form her own firm, which is now known as Burke PLLC. <ref name=History>{{cite web|title=Our History|url=http://www.burkepllc.com/firm/history.php|publisher=Burke PLLC|accessdate=14 December 2011}}</ref> |
After graduating law school, Burke worked for Covington & Burling, Department of Justice, Civil Frauds, and Mintz Levin. In 2000, Burke became an Equity Partner at the law firm of Montgomery, McCracken, Walker and Rhoads LLP. In August<ref name=Profile /> of 2005 she left to form her own firm, which is now known as Burke PLLC. <ref name=History>{{cite web|title=Our History|url=http://www.burkepllc.com/firm/history.php|publisher=Burke PLLC|accessdate=14 December 2011}}</ref> |
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Since establishing her firm, Burke has taken on a number of high-profile cases. For example, she filed suit against former [[Secretary of Defense|Secretaries of Defense]] [[Donald Rumsfeld]] and [[Robert Gates]] on behalf of survivors of rape and sexual assault. The lawsuits allege that defendants |
Since establishing her firm, Burke has taken on a number of high-profile cases. For example, she filed suit against former [[Secretary of Defense|Secretaries of Defense]] [[Donald Rumsfeld]] and [[Robert Gates]] on behalf of survivors of rape and sexual assault. The lawsuits allege that defendants deprived the rape and sexual assault survivors of their Constitutional rights. Burke also successfully obtained compensation for 68 Iraqi victims of the company formerly known as Blackwater. Those obtaining relief included the victims of the infamous Nissor Square shootings. <ref name=Saleh>{{cite web|title=Saleh et al v. Titan et al.|url=http://ccrjustice.org/ourcases/current-cases/saleh-v-titan|work=center for constitutional rights|publisher=center for constitutional rights|accessdate=15 October 2011}}</ref><ref name="Army Times">{{cite web|last=Kime|first=Patricia|title=Troops’ sexual assault lawsuit dismissed|url=http://www.armytimes.com/news/2011/12/military-sexual-assault-lawsuit-dismissed-121311w/|publisher=Army Times|accessdate=14 December 2011}}</ref><ref name=Abtan>{{cite web|title=Abtan, et al. v. Prince, et al.|url=http://ccrjustice.org/ourcases/current-cases/abtan-et-al-v-blackwater-usa-et-al|work=center for constitutional rights|publisher=center for constitutional rights|accessdate=13 October 2011}}</ref> The terms of the settlement are confidential. The Department of Justice is currently prosecuting the men involved in the Nissor Square shootings. |
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During a hearing on the civil immunity of government contractors working at Abu Ghraib, Burke asserted that enemy combatants should have the right to sue U.S. soldiers if the U.S. attorney general "fails to intervene." The court disagreed.<ref name=Immunity>{{cite news|last=O'Dell|first=Larry|title=Abu Ghraib contractors seek civil immunity|url=http://www.msnbc.msn.com/id/39852644/ns/us_news-security/t/abu-ghraib-contractors-seek-civil-immunity/#.TuilG7LTqhU|accessdate=14 December 2011|newspaper=MSNBC|date=October 26, 2010}}</ref> |
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Burke has acknowledged that her firm maintains a presence in Iraq in order to be accessible to individuals who wish to sue the U.S. military or military contractors. She has also spoken of traveling to Syria, Jordan, and Turkey to find clients. Burke has stated that her clients have sought her out, rather than the other way around, for such [[barratry|solicitation]] would be illegal under U.S. law.<ref>{{cite web|title=ABA Rule 7.3 Direct Contact With Prospective Clients|url=http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_7_3_direct_contact_with_prospective_clients.html|publisher=American Bar Association|accessdate=14 December 2011}}</ref> In an interview with [[Amy Goodman]] of ''[[Democracy Now!]]'', Burke stated, "Well, really they — we don’t find them, they find us. We are — we have a couple of — it’s word of mouth."<ref name="Democracy Now">{{cite web|last=Goodman|first=Amy|title=Transcript of - CACI Awarded Millions in New Govt. Contracts Despite Being Accused of Widespread Abuse in Lawsuit Brought by 256 Prisoners Held in Iraqi Jails|url=http://www.democracynow.org/2008/1/14/caci_awarded_millions_in_new_gvt|publisher=Democracy Now!|accessdate=14 December 2011}}</ref> |
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==Notable cases== |
==Notable cases== |
Revision as of 14:22, 11 April 2012
Susan L. Burke | |
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Nationality | American |
Alma mater | Georgetown University, B.S. in International Law Columbus School of Law, J.D. |
Occupation | Personal injury lawyer |
Susan L. Burke is a lawyer who is known for bringing fraud and civil rights cases seeking to further the rule of law. Among other matters, she has represented rape survivors seeking to improve the military justice system, Iraqi prisoners suing defense contractors involved in the Abu Ghraib scandal, and Iraqi victims of the company formerly known as Blackwater. One of the Abu Ghraib torture cases has been dismissed; two remain pending.
Burke is licensed to practice law in Washington D.C. and Virginia. For the past ten years, Burke has received an AV rating, the highest possible peer rating available.
Early life and education
Burke, the daughter of a career Army officer, grew up on various Army bases.[1] She majored in international law and politics at Georgetown University, and received her J.D. in 1987 from the Columbus School of Law at the Catholic University of America.[2] Burke received the Faculty Award for Highest Academic Average.
Burke is married to Jamison Koehler, a criminal defense lawyer in the Washington, D.C., area who specializes in criminal matters. Koehler's blog was named the best criminal law blog by the American Bar Association. Burke and Koehler met while they were students at Georgetown.[3]
Career
After graduating law school, Burke worked for Covington & Burling, Department of Justice, Civil Frauds, and Mintz Levin. In 2000, Burke became an Equity Partner at the law firm of Montgomery, McCracken, Walker and Rhoads LLP. In August[2] of 2005 she left to form her own firm, which is now known as Burke PLLC. [4]
Since establishing her firm, Burke has taken on a number of high-profile cases. For example, she filed suit against former Secretaries of Defense Donald Rumsfeld and Robert Gates on behalf of survivors of rape and sexual assault. The lawsuits allege that defendants deprived the rape and sexual assault survivors of their Constitutional rights. Burke also successfully obtained compensation for 68 Iraqi victims of the company formerly known as Blackwater. Those obtaining relief included the victims of the infamous Nissor Square shootings. [5][6][7] The terms of the settlement are confidential. The Department of Justice is currently prosecuting the men involved in the Nissor Square shootings.
Notable cases
Abtan v. Blackwater
Burke represented plaintiffs Talib Mutlaq Deewan and the estates of Himoud Saed Abtan, Usama Fadil Abbass and Oday Ismail Ibraheem in a lawsuit against Blackwater. The lawsuit, which stemmed from the firefight in Nisoor Square in Baghdad, alleged Blackwater had violated the federal Alien Tort Statute by committing extrajudicial killing and war crimes, and that the company was liable for assault and battery, wrongful death, intentional and negligent infliction of emotional distress, and negligent hiring, training and supervision. [8] Judge Ricardo Urbina threw out the suit, criticizing Burke for withholding "substantial exculpatory evidence" from the grand jury and for presenting "distorted versions" of witnesses' testimony.[9] The lawsuit was dismissed in 2010.[7]
Saleh et al v. Titan et al.
In 2008, a Federal Judge in Virginia allowed former detainees to sue CACI International Inc. and Titan Corp. for mistreatment while being held in Abu Ghraib. Burke represented a group of men suing these organizations.[10] The case was dismissed on September 11, 2009 by a panel of the Court of Appeals for the District of Columbia, on the ground that the charges could not be brought against the contractors under the Alien Tort Statute. On June 27, 2011, the Supreme Court refused to review the case.[5]
In 2012, the Court of Appeals for the Fourth Circuit granted en banc review on two other cases brought by Burke and the Saleh legal team challenging the conduct of CACI and L-3 at Abu Ghraib. In those cases, the United States filed a brief asserting that conduct that rises to the level of torture should be adjudicated in United States courts.
U.S. Training Center (formerly Blackwater Lodge)
A suit, officially know as United States of America, ex rel. Melan Davis and Brad Davis v. U.S. Training Center, Inc., f/k/a Blackwater Lodge and Training Center, Inc., was filed in the U.S. Fourth Circuit Court of Appeals on October 28, 2011,[11] under the False Claims Act (FCA). The plaintiffs, Melan and Brad Davis, alleged that their former employer, U.S. Training Center, had overbilled and defrauded the U.S. government while providing security services in New Orleans after Hurricane Katrina, as well as in Iraq and Afghanistan.[12] Of the six named defendants and "numerous" claims, all but one defendant and two claims were dismissed by the court at or before summary judgement.[13] On August 5, 2011, a jury ruled in favor of the company, after the evidence presented failed to substantiate any of the plaintiffs' claims. Much of the evidence presented was ruled by by Federal Judge T.S. Ellis III to be either inadmissible or unsubstantiated, including the oft-reported[14][15] claim that the contractors had billed the government for prostitutes.[16] Citing Burke's frequent presentation of evidence that relied solely on "hearsay and innuendo", the Court went so far as to say that "this is the most abysmally prepared case I have ever run across in 25 years."[13]
After the trial ended, Brad and Melan Davis obtained evidence that Blackwater's former Chief Operating Officer committed perjury during the trial. The evidence on the perjury is found on PACER.[17] The Fourth Circuit will hear the appeal, including the Davis' request for a new trial based on alleged perjury.
Cioca et al. v. Rumsfeld et al.
Burke represents women and men who were raped or sexually assaulted while on active duty in the military. The former servicemembers have filed a lawsuit alleging that their Constitutional rights were violated by Defendants' failure to provide for an impartial process to report and adjudicate rapes. The rape survivors and the lawsuit are featured in a documentary that premiered at Sundance called "The Invisible War." [1] The federal district court dismissed the case, ruling that rape and sexual assault must be deemed "incident to service." The case is on appeal to the Court of Appeals to the Fourth Circuit.[18]
References
- ^ Rehm, Diane. "NPR Interview - Sexual Assault and the U.S. Military". The Diane Rehm Show. NPR. Retrieved 13 December 2011.
- ^ a b "Profile of Susan L. Burke". Burke PLLC. Retrieved 13 December 2011.
- ^ Koehler, Jamison. "The Blackwater Fraud Trial: Ode to Plaintiff's Counsel". Retrieved 13 December 2011.
- ^ "Our History". Burke PLLC. Retrieved 14 December 2011.
- ^ a b "Saleh et al v. Titan et al". center for constitutional rights. center for constitutional rights. Retrieved 15 October 2011.
- ^ Kime, Patricia. "Troops' sexual assault lawsuit dismissed". Army Times. Retrieved 14 December 2011.
- ^ a b "Abtan, et al. v. Prince, et al". center for constitutional rights. center for constitutional rights. Retrieved 13 October 2011.
- ^ "Abtan v. Blackwater (Sept. 16, 2007 Baghdad Shooting)". pogo.org. pogo.org. Retrieved 13 October 2011.
- ^ Savage, Charlie. "Judge Drops Charges From Blackwater Deaths in Iraq". New York Times. Retrieved 14 December 2011.
- ^ "Court Rules Abu Ghraib Torture Victims Can Sue Contractor CACI, According to Legal Team for Former Detainees". center for constitional rights. center for constitutional rights. Retrieved 15 October 2011.
- ^ "United States ex rel Davis v. U.S. Training Center Inc". Justia Dockets & Filings. Retrieved 9 January 2012.
- ^ "TRJ Davis et al v. Blackwater Lodge and Training Center, Inc. et al - Document 513". Retrieved 9 January 2012.
- ^ a b Defendants Counsel (29 August 2011). "Defendants' memorandum in support of their motion for attorneys' fees, costs and expenses". United States District Court for the Eastern District of Virginia Alexandria Division. Case 1:08-cv-01244-TSE -TRJ (Document 640): 1–33.
{{cite journal}}
:|access-date=
requires|url=
(help) - ^ "Suit: Prostitute, strippers part of Blackwater fraud". CNN. 12 February 2010. Retrieved 9 January 2012.
- ^ "2 Ex-Workers Accuse Blackwater Security Company of Defrauding the U.S. for Years". New York Times. 10 February 2012. Retrieved 9 January 2012.
- ^ Barakat, Matthew (6 August 2011). "Jury Rules in Favor of Blackwater in Lawsuit". Associated Press. Retrieved 9 January 2012.
- ^ United States ex rel Davis v. U.S. Training Center Inc. "Relators' Motion for a New Trial". Retrieved 7 February 2012.
- ^ Ellison, Jesse (13 December 2011). "Judge Dismisses 'Epidemic' of Rape in Military Case". The Daily Beast. Retrieved 7 February 2012.