Hencely v. Fluor Corp. · ¶13
The Fourth Circuit affirmed under this “battlefeld preemption” doctrine. 120 F. 4th, at 418, 430. According to the Fourth Circuit, “ `[d]uring wartime, where a private service contractor is integrated into combatant activities over which the military retains command authority, a tort claim arising out of the contractor's engagement in such activities shall be preempted.' ” In re KBR, 744 F. 3d, at 349 (quoting Saleh v. Titan Corp., 580 F. 3d 1, 9 (CADC 2009)). The court reasoned that the Federal Tort Claims Act's combatant-activities exception, which preserves the Federal Government's immunity against claims “arising out of the combatant activities of the military” during wartime, 28 U. S. C. §2680(j), also refects a congressional intent to bar all tort suits against contractors connected with those combatant activities. On the Fourth Circuit's view, state-law tort suits cannot proceed…Read in context ›
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