Winston Tyler Hencely v. Fluor

The Court said federal law did not block Hencely's state tort claims because the Federal Government neither ordered nor authorized Fluor's challenged conduct. It vacated the Fourth Circuit's decision and sent the case back.

Justice Thomas wrote the 5–3 opinion, joined by Justices Sotomayor, Kagan, Jackson, and Barrett; Chief Justice Roberts and Justices Alito and Kavanaugh dissented.

The Court ruled 5-3. Justice Clarence Thomas wrote the opinion, joined by Justices Sotomayor, Kagan, Jackson, and Barrett; Justice Alito dissented, joined by Chief Justice Roberts and Justice Kavanaugh.

“The Federal Government neither ordered nor authorized Fluor's challenged conduct.”

Government contractors cannot use this federal protection when their challenged conduct was neither ordered nor authorized by the government. For example, an employee bringing a state tort claim against a contractor may now have that claim considered under state law.

The case returns to the lower courts for further proceedings consistent with the Court's decision. Those courts must evaluate Hencely's claims without treating them as blocked by federal law on this basis.

The Court said Hencely's state tort claims were not blocked by federal law because the government did not order or authorize Fluor's conduct.

Government contractors and people suing them under state tort law are affected. Contractors cannot claim this protection for conduct the government neither ordered nor authorized.

The case goes back to the lower courts. They must continue the case under the Supreme Court's instruction.