Go to Wolters Kluwer VitalLaw.comGo to Wolters Kluwer VitalLaw.com
VitalLaw®
  • Find answers to your questions
  • Log in to access your subscriptions
In depth. On point.
In depth. On point.
  • Home
  • Legal Directory
  • Home
  • Legal Directory
In depth. On point.
  • Articles
  • Articles
  • Law Firms
  • Law Firms
  • Organizations
  • Organizations
    • REMEDIES, DAMAGES—4th Cir.: Preliminary injunction barring Education, OPM, Treasury from disclosing PPI to DOGE affiliates vacated
    • ARBITRATION—D. Minn.: FAA’s transportation worker exemption did not apply to regional retail-store manager
    • CONTRACT CLAIMS—4th Cir.: Financial advisors who left employer to start their own firm properly subject to preliminary injunction; but not new firm
    • DISCRIMINATION—7th Cir.: White employee, suspended for policy violations, suspected FMLA abuse, cannot revive lawsuit
    • DOL NEWS—Report outlines strategic pillars for federal government’s approach to workforce development
    • EEOC NEWS—Workplace harassment, retaliation claims end in settlements
    • EXPERT INSIGHTS—10 steps mine operators should take as overtime class/collective actions surge across the country
    • EXPERT INSIGHTS—California Court of Appeal clarifies sick leave calculation for outside sales employees
    • PUBLIC EMPLOYEES—W.D. Va.: Demotion of administrative assistant may have violated due process
    • RETALIATION—S.D. Ohio: U.S. Bank officers, fired after reorganization, fail to show complaint motivated decision
    • SUPREME COURT NEWS—Argument scheduled for November in suit over injured soldier’s claims against military contractor
    • TORT CLAIMS—E.D. Va.: Issue preclusion barred trade secret misappropriation suit
    • WAGE-HOUR—MINIMUM WAGE—9th Cir.: J.B. Hunt’s piece-rate driver pay plan complied with California Labor Code
    • WHITE HOUSE NEWS—Smithsonian museums will now undergo ‘comprehensive internal review’ to ‘ensure alignment’ with President’s vision
  • Articles
  • Articles
  • Law Firms
  • Law Firms
  • Organizations
  • Organizations

    Labor & Employment Law Daily Wrap Up, SUPREME COURT NEWS—Argument scheduled for November in suit over injured soldier’s claims against military contractor, (Aug 13, 2025)

    Organizations Mentioned:Fluor Corp. | U.S. Army | U.S. Department of Defense

    By Brandi O. Brown, J.D.

    An Army Specialist was injured by a suicide bomber who had been working for a U.S. military contractor in Afghanistan.

    The U.S. Supreme Court has scheduled oral argument for November 3, 2025, in Hencely v. Fluor Corp., a case for which it granted the ...

    By Brandi O. Brown, J.D.

    An Army Specialist was injured by a suicide bomber who had been working for a U.S. military contractor in Afghanistan.

    The U.S. Supreme Court has scheduled oral argument for November 3, 2025, in Hencely v. Fluor Corp., a case for which it granted the petition for certiorari in June, seeking to resolve a circuit split over the reach of Boyle v. United Technologies Corp., 487 U.S. 500 (1988), when contractors defend against state tort claims by invoking 28 U.S.C. § 2680(j).

    Hencely, a former U.S. Army Specialist, was critically and permanently injured by a suicide bomber, who detonated an explosive vest while inside Bagram Airfield in Afghanistan in 2016. The bomber was employed by a Fluor Corporation subcontractor, which had a contract with the U.S. Department of Defense to provide support services at the base, including vehicle maintenance and hazardous materials management.

    Primary contributing factor. An Army investigation found that the attack's primary contributing factor was the contractor's actions in breach of its Army contract and in violation of the military's instructions to supervise the employee-turned-bomber. The injured soldier sued the government contractor for negligence under South Carolina law—he did not sue the military under the Federal Tort Claims Act.

    Lawsuit and appeal. Below, the Fourth Circuit held that the soldier’s state claims were preempted by "federal interests" emanating from an FTCA exception. Invoking Boyle v. United Technologies Corp., it held that the FTCA's exception immunizing the government for "[a]ny claim arising out of the combatant activities of the military or naval forces ... during time of war," 28 U.S.C. § 2680(j), barred the employee’s state-law claims against the contractor.

    Circuit split. The Fourth Circuit’s decision added to a circuit split between the Second, Third, Fourth, Ninth, and D.C. Circuits regarding Boyle's reach when contractors defend against state tort claims by invoking § 2680(j).

    The petition asks whether Boyle v. United Technologies Corp. should be extended to allow federal interests emanating from the FTCA's combatant-activities exception to preempt state tort claims against a government contractor for conduct that breached its contract and violated military orders?

    The case is No. 21-1994.

    News: SupremeCourtNews Procedure ContractClaims TortClaims CoverageLiability GovernmentContracts LitigationNewsTrends

    © 2026 CCH Incorporated and its affiliates and licensors. All rights reserved.

    • Manage Cookie Preferences
    • Privacy Statement
    • Terms of Use