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Hencely v. Fluor Corporation

Docket No.24-924
Op. Below4th Cir.
ArgumentNov 3, 2025

Issue

Whether Boyle v. United Technologies Corp. should be extended to allow federal interests emanating from the Federal Tort Claims Act’s combatant-activities exception to preempt state tort claims against a government contractor for conduct that breached its contract and violated military orders.

Proceedings & orders timeline

Feb 24, 2025
Petition for a writ of certiorari filed. (Response due March 28, 2025)
Mar 14, 2025
Motion to extend the time to file a response from March 28, 2025 to April 28, 2025, submitted to The Clerk.
Mar 17, 2025
Motion to extend the time to file a response is granted and the time is extended to and including April 28, 2025.
Mar 28, 2025
Brief amici curiae of West Virginia, et al. filed.
Mar 28, 2025
Brief amici curiae of Veterans of Foreign Wars, et al. filed.
Mar 28, 2025
Motion for leave to file amici brief filed by Center for Military Law and Policy, et al.
Apr 28, 2025
Brief of respondents Fluor Corporation, et al. in opposition filed.
Apr 30, 2025
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
May 6, 2025
DISTRIBUTED for Conference of 5/22/2025.
May 6, 2025
Reply of petitioner Winston Tyler Hencely filed. (Distributed)
May 27, 2025
DISTRIBUTED for Conference of 5/29/2025.
Jun 2, 2025
Motion for leave to file amici brief filed by Center for Military Law and Policy, et al. GRANTED.
Jun 2, 2025
Petition GRANTED.
Jun 6, 2025
Motion for an extension of time within which to file the briefs on the merits filed.
Jun 26, 2025
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 31, 2025. The time to file respondents' brief on the merits is extended to and including September 15, 2025.
Jul 18, 2025
Motion to dispense with printing the joint appendix filed by petitioner Winston Hencely.
Jul 31, 2025
Brief of petitioner Winston Hencely filed.
Aug 7, 2025
Brief amici curiae of West Virginia, et al. filed.
Aug 7, 2025
Brief amici curiae of Center for Military Law and Policy, et al. filed.
Aug 7, 2025
Brief amicus curiae of Public Citizen filed.
Aug 7, 2025
Brief amicus curiae of Veterans of Foreign Wars filed.
Aug 7, 2025
Brief amicus curiae of American Association for Justice filed.
Aug 12, 2025
SET FOR ARGUMENT on Monday, November 3, 2025.
Aug 20, 2025
Record requested from the United States Court of Appeals for the Fourth Circuit.
Aug 27, 2025
Sealed material received electronically from the United States Court of Appeals for the Fourth Circuit and available with the Clerk. The remainder of the record is electronic and is available on PACER.
Aug 27, 2025
Sealed material received electronically from the United States District Court for the District of South Carolina and available with the Clerk. The remainder of the record is electronic and is available on PACER.
Sep 5, 2025
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Sep 15, 2025
Brief of respondents Fluor Corporation, et al. filed.
Sep 22, 2025
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Sep 22, 2025
Brief amicus curiae of United States filed.
Sep 22, 2025
Brief amicus curiae of Atlantic Legal Foundation filed.
Sep 22, 2025
Brief amicus curiae of Retired Senior Military Officers filed.
Sep 22, 2025
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 30, 2025
CIRCULATED
Oct 14, 2025
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 15, 2025
Reply of petitioner Winston Hencely filed. (Distributed)
Nov 3, 2025
Argued. For petitioner: Frank H. Chang, Arlington, Va. For respondents: Mark W. Mosier, Washington, D. C.; and Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

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