On April 22, the U.S. Supreme Court issued a 6-3 opinion permitting a U.S. soldier wounded in Afghanistan to sue a federal contractor operating in the war zone based on state-law tort claims. The Court said the basis of the suit was not preempted under the “combatant activities” exception to the Federal Tort Claims Act because the Federal Government neither ordered nor authorized the contractor conduct.
On April 24, Law 360 published an article discussing the Supreme Court’s decision. Protorae Law partner Alan Chvotkin was one of several experts quoted in the article. The article, titled “Jusices’ Fluor Ruling Adds to DOD Contractors’ War Costs,” is available here (paywall).
For more information, please contact Alan at achvotkin@protoraelaw.com.