American Chemistry Council, Inc. v. National Academy of Sciences

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that defense of contributory negligence would implicate sensitive military judgment regarding power generation
• applying political-question doctrine to dismiss suit regarding electrocution during generator repair that occurred on Army base near Fallujah, Iraq—in “combat theatre” but not in combat
• dismissing action against private contractor because “an analysis of [its] contributory negligence defense would invariably require the Court to decide whether ... the Marines made a reasonable decision”
• affirming ruling that negligence claim was nonjusticiable under the political question doctrine and vacating as moot accompanying ruling that claim was preempted by the FTCA combatant activities exception
• establishing second prong of political question analysis pertaining to military contractors’ civil liability as “whether national defense interests were closely intertwined with the military’s decisions governing [the contractor’s] conduct”
• “[W]e must, to resolve this appeal, gauge the degree to which national defense interests may be implicated in a judicial assessment of [the tort claim]”

Source: CourtListener parenthetical corpus (CC0).