Earlier this year, Morris, Manning & Martin attorneys Hillary K. Lukacs and Peter B. “Bo” Rutledge filed an amicus curiae brief in the U.S. Supreme Court on behalf of the Veterans of Foreign Wars of the United States (VFW) and the IAVA in Winston Tyler Hencely v. Fluor Corporation, et al., supporting Specialist Hencely’s petition for a writ of certiorari. The case involves a severely wounded Army specialist who heroically thwarted a terrorist attack by a private contractor’s employee at a United States military base in Afghanistan. The Court granted cert, and on August 7, 2025, Lukacs and Rutledge filed the VFW’s merits brief.
The VFW’s merits filing urges the Court to protect servicemembers’ ability to pursue state-law tort remedies against private contractors, particularly for injuries sustained “inside the wire” and traceable by government investigators to contractor negligence. It addresses critical questions of federal preemption, contractor accountability, and veterans’ remedies.
VFW National Commander Al Lipphardt noted, “The Veterans of Foreign Wars appreciates the thoughtful and thorough advocacy provided by Morris Manning & Martin in this important case, which addresses issues critical to the safety and well-being of our servicemembers.”
Oral argument in the case is scheduled for November 3. Read more below.
