High Court Weighs Whether to Revive Afghanistan Bombing Suit (1)

US Supreme Court justices offered mixed responses during oral arguments Monday concerning whether a US soldier severely injured in an Afghanistan bombing attack should again be allowed to accuse defense contractor Fluor Corp. of negligence.

Winston Hencely was severely injured in the 2016 Bagram airfield attack by an Afghan national who worked for a Fluor subcontractor. Hencely challenged a 2024 decision by the US Court of Appeals for the Fourth Circuit, which said the combatant activities exception in the Federal Tort Claims Act barred the suit. The exception exists to preclude state regulation of US military conduct and decisions.

The ...