Justice Kagan Proposes Alternative Rule in Hencley v. Fluor Corporation Case

Proposed Rule for Contractor Liability

• 💡 Justice Kagan suggested a rule where a contractor is liable only if the plaintiff can show the contractor violated military policy.
• 🎯 This contrasts with a stricter rule where liability exists as long as the military did not specifically approve or direct the conduct.
• ⚖️ Under Kagan's proposed rule, if the government is silent or leaves decisions to the contractor, liability would not automatically apply.

Attorney's Response to the Proposed Rule

• ✅ The attorney for Fluor Corporation stated they would be "certainly okay with that rule".
• 🧠 The attorney believes this rule would further the government's interest by avoiding contractor negligence and incentivizing adherence in a war zone.
• ⚠️ The case involves a situation where a contractor's actions injured US soldiers because they did not follow army instructions.
• 🛡️ The attorney emphasized that any rule applied should be one that saves soldiers.