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Fourth Circuit· 9/21/2011

Taylor v. Kellogg Brown & Root Services, Inc.

Citations

  • 658 F.3d 402
  • 2011 U.S. App. LEXIS 19324
  • 2011 WL 4379353

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).

Judges: Niemeyer, King, Shedd

Read full opinion on CourtListener

Cited by

40 cases in this archive cite this case; the 20 most cited are listed.

Cites

15 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.