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KBR, Incorporated v. Metzgar

Petition for certiorari denied on January 20, 2015

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Docket No. Op. Below Argument Opinion Vote Author Term
13-1241 4th Cir. N/A N/A N/A N/A OT 2014

Issue: (1) Whether the political question doctrine bars state-law tort claims against a battlefield support contractor operating in an active war zone when adjudication of those claims would necessarily require examining sensitive military judgments; (2) whether the Federal Tort Claim Act's “combatant-activities exception,” 28 U.S.C. § 2680(j), preempts state-law tort claims against a battlefield support contractor that arise out of the U.S. military's combatant activities in a theater of combat; and (3) whether the doctrine of derivative sovereign immunity bars state-law tort claims against a private contractor performing delegated public functions where the government would be immune from suit if it performed the same functions. CVSG: 12/16/2014.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 11 2014Petition for a writ of certiorari filed. (Response due May 15, 2014)
Apr 14 2014Brief amici curiae of Associated General Contractors of America, et al. filed.
May 15 2014Brief of respondents Alan Metzgar, et al. in opposition filed.
May 27 2014DISTRIBUTED for Conference of June 12, 2014.
May 27 2014Reply of petitioners KBR, Incorporated, et al filed. (Distributed)
Jun 16 2014The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 16 2014Brief amicus curiae of United States filed.
Dec 30 2014DISTRIBUTED for Conference of January 16, 2015.
Dec 30 2014Supplemental brief of petitioners KBR, Incorporated, et al filed. VIDED. (Distributed)
Jan 20 2015Petition DENIED.