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Oral Argument: Hencely v. Fluor | Battlefield Immunity Battle
Season 2025 · Episode 30

Oral Argument: Hencely v. Fluor | Battlefield Immunity Battle

The High Court Report · SCOTUS Oral Arguments

November 3, 20251h 30m

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Show Notes

Hain Celestial Group, Inc. v. Palmquist | Case No. 24-724 | Oral Argument Date: 11/4/25 | Docket Link: Here

Overview

A father seeks justice after his son, Army Staff Sergeant Ryan Hencely, was killed in a 2016 terrorist attack at Bagram Airfield. The Army's own investigation found contractor Fluor failed to supervise the Afghan worker who carried out the attack, calling it the "primary contributing factor." Yet Fluor claims federal law shields them from any state tort liability.

Question Presented: Should Boyle be extended to allow federal interests emanating from the FTCA's combatant-activities exception to preempt state tort claims against a government contractor for conduct that breached its contract and violated military orders?

Oral Advocates:

  • For Petitioner (Hencely): Frank H. Chang, Arlington, Virginia argues for Petitioner Hencely.
  • For Respondent (Fluor): Mark W. Mosier, Washington, D.C.
  • For United States as Amicus Curiae Supporting Respondent: Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D.C.

Link to Opinion: TBD.

Website Link to Opinion Summary: TBD.

Website Link to Oral Argument: TBD.

Timestamps:

[00:00:00] Argument Overview

[00:00:48] Argument Begins

[00:00:55] Petitioner Opening Statement

[00:02:32] Petitioner Free for All Questions

[00:26:18] Petitioner Sequential Questions

[00:33:50] Respondent Opening Statement

[00:36:12] Respondent Free for All Questions

[00:54:59] Respondent Sequential Questions

[01:07:11] United States Opening Statement

[01:08:25] United States Free for All Questions

[01:18:13] United States Sequential Questions

[01:28:31] Petitioner Rebuttal