Hencely v. Fluor Corp.
608 U. S. 31 (2026) · 4/22/26
The Court of Appeals for the Fourth Circuit erred in finding Winston Hencely’s state-law tort claims preempted where the Federal Government neither ordered nor authorized Fluor Corporation’s challenged conduct.
Edition: preliminary print (page proof)
Voices: Syllabus — prepared by the Reporter of Decisions · Justice Thomas delivered the opinion of the Court. · Justice Alito, with whom The Chief Justice and Jus tice Kavanaugh join, dissenting.
Military contractor Fluor Corporation hired Ahmad Nayeb to work at a U. S. base in Afghanistan as part of the “Afghan First” initiative, a military program that required contractors to hire Afghans to help stimulate the local economy and stabilize the Afghan Government. Nayeb, a Taliban operative, later carried out a suicide-bomb attack at the base that killed 5 and wounded 17. The Army's investigation found Fluor primarily responsible for the attack because it negligently supervised Nayeb in complying with base procedures. Former Army specialist Winston T. Hencely, who suffered a fractured…
Held: The Fourth Circuit erred in finding Hencely's state-law tort claims preempted where the Federal Government neither ordered nor authorized Fluor's challenged conduct. Pp. 37–48. (a) Neither the Constitution nor any federal statute expressly preempts Hencely's suit. The Supremacy Clause requires state law to yield only when it conficts with rights or restrictions that stem from the Constitution or a valid federal statute or treaty. Kansas v. Garcia, 589 U. S. 191, 202. Here, no constitutional provision or federal statute expressly preempts Hencely's suit. And the Court has already held…Read it in the reading room ›