Hencely v. Fluor Corp. · ¶28

Under this approach, many suits are not preempted. For example, there would generally be no preemption when the procured equipment was a stock model, or when the Government's specifications were silent as to the complained-of defect in the product. Id., at 509. And, the Court explained that preemption of all suits by military personnel against procurement contractors would be “too broad” a preemption rule because it would bar suits even when the Government did not instruct the contractor to produce equipment with the challenged feature. Id., at 510.

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