McGee, et al. v. Arkel Int’l, L.L.C., et al.

The parents of a National Guardsman killed in an electrocution accident in Iraq brought suit against a civilian contractor who they claimed was responsible. Plaintiffs argued that Iraqi law governed the limitations period within which the suit needed to be brought but the district court held both that Iraqi law was not sufficiently proven and that the claims were barred by Louisiana's one-year prescriptive period. The court reversed and remanded, determining that Iraqi law was sufficiently proven. By operation of Louisiana Civil Code Article 3549, the Iraqi three-year prescription period applied. Based on what had been introduced, that period did not expire prior to suit and CPA Order 17 did not prevent this suit. Whether parents were proper parties, and any other issues beyond what the court had identified, were for further reconsideration on remand. View "McGee, et al. v. Arkel Int'l, L.L.C., et al." on Justia Law