Supreme Court Restricts Contractor Immunity Defenses in Hencely v. Fluor Corp.

In a 6-3 decision, the U.S. Supreme Court held in Hencely v. Fluor Corp. that state law tort claims against a military contractor are not preempted where the federal government neither ordered nor authorized the contractor’s alleged misconduct. The Court's ruling rejected the Fourth Circuit’s categorical “battlefield preemption” doctrine, thereby restricting military contractor immunity. When asked about the recent ruling, Glen Sturtevant, attorney and chairman of AAJ’s Federal Tort Liability and Military Advocacy Section, said the following on the matter,

“For injured servicemembers and their families, this decision is important. The Court made clear that military contractors do not receive a blanket preemption shield for conduct the government never ordered or approved. The ruling reaffirms that accountability and access to justice still have a place, even in cases arising from military operations.”

If you or a loved one was seriously injured by medical negligence in Virginia, at a VA facility, at a military medical facility, or at another federally supported healthcare provider, Glen and the Rawls Law Group team can evaluate your potential claim and help you understand your options.