Lisa Himes Analyzes Hencely v. Fluor in Federal Drive Interview

On November 3, the U.S. Supreme Court is scheduled to hear arguments in Hencely v. Fluor Corp., a case that could reshape the legal landscape for government contractors supporting U.S. military operations worldwide.

Lisa N. Himes, Of Counsel at Rogers Joseph O’Donnell P.C., appeared on the Federal News Network’s The Federal Drive with Terry Gerton on October 27 to analyze the case and its implications for government contractors.

“The Supreme Court will be looking at whether or not government contractors who are providing critical support services to the U.S. military in combat zones should be immune from tort suits for activities and actions they took on the battlefield in support of the military,” Himes said in the interview. 

The case stems from a 2016 suicide bombing at Bagram Airfield in Afghanistan, where Ahmad Nayeb, an Afghan national employed by a Fluor subcontractor, killed several individuals and severely wounded others. One of the victims, Hencley, sued Fluor under South Carolina law, and lower courts ruled that the combatant activities exception protected the contractor.

Himes authored an amicus brief in September supporting the position that federal law preempts state-law tort claims because they conflict with uniquely federal interests.   

“The court’s decision in Hencely could significantly impact cases involving government contractors for decades, just as Boyle has since 1988,” Himes wrote in a June Law360 article.

Himes focuses her practice primarily on government contracts matters. She has more than 25 years of experience litigating and consulting involving a wide range of matters. She has significant experience asserting federal doctrines and defenses, such as federal officer removal, the political question doctrine, combatant activities preemption, derivative sovereign immunity, and the government contractor defense. She also specializes in cyber and industrial security matters, particularly those involving Foreign Ownership, Control or Influence issues.