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KBR, Incorporated v. Metzgar

Certiorari Denied

Petition for certiorari denied on January 20, 2015.

Docket No.13-1241
Op. Below4th Cir.

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.

Proceedings & orders timeline

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

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