Hencely v. Fluor Corp. · ¶85

6 It is possible that a South Carolina court would not apply the lex loci delicti rule. South Carolina courts, like those in many other States, will not apply another jurisdiction's law when doing so would contravene their own State's public policy. Boone, 345 S. C., at 13, 546 S. E. 2d, at 193. But determining whether Afghan law contravenes South Carolina's public policy would seem to require the identification of the relevant principles of Afghan law. And as petitioner noted at oral argument, some decisions “have applied Afghan law in situations like this.” Tr. of Oral Arg. 24; see, e. g., M. M., 708 F. Supp. 3d, at 47–48 (suicide bombing involving federal contractor); Haskins v. Midwest Air Traffic Control Serv., Inc., 2016 WL 3653531, *5 (ND Ill., July 8, 2016) (plane crash in Afghanistan involving American passenger). In fact, Fluor itself has had to litigate claims under Afghan…

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