Plain-English summary
Court allows veteran’s state-law claims against contractor over Bagram suicide bombing injuries
The Court ruled that former Army Specialist Winston Hencely can pursue state-law tort claims against Fluor Corporation for injuries from a suicide bombing at Bagram Airfield because the federal government did not order or authorize the contractor’s challenged conduct. The Fourth Circuit’s dismissal on federal preemption grounds was vacated and the case remanded.
Why this matters
This decision makes clear that federal preemption is not automatic whenever a private contractor works for the government. Victims injured by wrongdoing on U.S. military bases overseas may be able to sue contractors under state tort law unless the federal government specifically ordered or authorized the conduct at issue. That preserves a path for accountability and compensation in some cases involving government contractors.
Who may feel it
- Service members and veterans injured overseas
- Private contractors who work for the U.S. government
- Victims seeking damages for attacks on U.S. bases abroad
- Federal government and its legal advisers
Key questions
- Does federal preemption bar state-law tort claims against a private contractor for conduct that allegedly contributed to an attack on a U.S. base overseas when the federal government did not order or authorize that conduct?