Hencely v. Fluor Corp. · ¶78

At this point, however, we do not know whether South Carolina law will be applied on remand. (I will discuss that question below.) But even if the rule of joint and several liability applies, Fluor will be free to try to show that the military was solely responsible for petitioner's injuries, and Fluor has stated that it will pursue that strategy. See id., at 424–425 (Fluor plans to try the military as the “empty chair”). Even if this attempt to shift all blame to the Federal Government does not work, Fluor could also use evidence of the military's responsibility as a defense against petitioner's claim for punitive damages. See App. to Pet. for Cert. 150a. For these reasons, adjudication of Fluor's defense is very likely to entail an evaluation of the way the Federal Government assessed the risks and benefits of Nayeb's employment, and this would impermissibly intrude on the Federal…

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