Story perspectives

Supreme Court 6-3: Fluor Loses Wartime Immunity, Suits Allowed

4/23/2026

Summary

Story summary

Supreme Court ruled 6-3 that Fluor Corp. lacks wartime immunity, permitting negligence suits.
Justice Clarence Thomas wrote that Fluor’s actions were not authorized by federal government, allowing Army Spec. Winston Hencely to sue over 2016 Bagram suicide bombing as case returns to Fourth Circuit.
The Army said Fluor failed to supervise Afghan employee Ahmad Nayeb, gave him tools, and left him undetected before the attack, keeping suits on hold.

History

Historical Context

The Nuremberg Trials in 1947 established accountability for war crimes, asserting that individuals and corporations could be held liable for wartime actions. The Supreme Court's recent 6-3 ruling against Fluor Corp. allows Army Spec. Winston Hencely to pursue negligence claims, reflecting ongoing legal debates about corporate responsibility in military operations and potentially setting a precedent for future cases involving contractors in conflict zones.

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Story summary

Supreme Court ruled 6-3 that Fluor Corp. lacks wartime immunity, permitting negligence suits.
Justice Clarence Thomas wrote that Fluor’s actions were not authorized by federal government, allowing Army Spec. Winston Hencely to sue over 2016 Bagram suicide bombing as case returns to Fourth Circuit.
The Army said Fluor failed to supervise Afghan employee Ahmad Nayeb, gave him tools, and left him undetected before the attack, keeping suits on hold.

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