Mr. Gannon (Counsel for the United States)
Counsel presenting the United States' position as amicus; urged the Court to recognize preemption for contractor tort claims tied to combatant activities on foreign battlefields and described a test modeled on the FTCA combatant-activities exception.
Best podcasts with Mr. Gannon (Counsel for the United States)
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Nov 3, 2025 • 1h 30min
[24-924] Hencely v. Fluor Corporation
Mr. Chang, counsel for the petitioner, argues that state tort claims should apply to military contractors, challenging the limits of federal preemption. Mr. Mosier from Fluor Corporation counters that uniquely federal interests in wartime activities necessitate preemption of such claims. Mr. Gannon represents the U.S. position, advocating for a test to determine when contractor claims may be preempted based on combat activities. The discussion delves into military supervision, constitutional arguments, and the implications of contractor liability in combat zones.
