Hencely v. Fluor Corp. · ¶83
Applying state tort law to events that occur on a military base in an active warzone may also lead to vexing choice-oflaw problems—and those problems are certainly present here. This is a diversity case fled in federal court in South Carolina, so that State's choice-of-law rules govern. See Klaxon Co. v. Stentor Elec. Mfg. Co., 313 U. S. 487, 496 (1941). Under those rules, “the substantive law governing a tort action is determined by the lex loci delicti, the law of the state in which the injury occurred.” Boone v. Boone, 345 S. C. 8, 13, 546 S. E. 2d 191, 193 (2001). Hencely's injury occurred in Afghanistan. So a routine application of South Carolina's lex loci delicti rule would call for a trial under Afghan law as it existed in 2016. Just identifying the relevant principles in that body of law would be a challenge. And if the application of state law would impermissibly intrude in an…Read in context ›
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