Harris v. Kellogg, Brown & Root Services, Inc.
796 F. Supp. 2d 642
W.D. Pa.2011Background
- Plaintiffs Cheryl Harris and Douglas Maseth are the parents/administrators of Staff Sergeant Ryan Maseth, who died in Iraq and are Pennsylvania residents with estates administered in Tennessee.
- KBR sought application of Iraqi law to tort claims arising from Maseth’s death and injuries, invoking Iraqi Civil Code provisions and Coalition Provisional Authority Order 17.
- The death occurred on a U.S. military base in Iraq during the LOGCAP III operations; Plaintiffs sue for negligence under Pennsylvania wrongful death and survival statutes.
- KBR argued Iraqi law should govern causation, damages, and punitive damages, and relied on Order 17 sections 4.2, 4.3, and 18.
- Rule 44.1 requires the party bearing burden to introduce foreign law and persuade the court it should apply; the court denied Iraqi-law application on Rule 44.1 grounds.
- The court conducted a Pennsylvania choice-of-law analysis, finding Iraqi law would not apply due to false conflicts and forum-state interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Iraqi law applies under Rule 44.1 for the claims | Harris/Maseth rely on Iraqi Civil Code; Order 17 governs | KBR argues Iraqi law governs under Order 17 | Iraqi law not applied; Rule 44.1 burden not met; forum law applies |
| Choice of law approach for causation | Iraq’s causation rules may govern comparative fault | Iraq’s causation law is pro-defendant and would negate others' liability | Iraq causation law not applied; Pennsylvania/Tennessee laws preferred; false conflict found |
| Damages — pain and suffering and survivorship | Pennsylvania/Tennessee law permits recovery for pain and suffering | Iraqi law precludes decedent’s moral harm claims | Iraq’s moral-harm rule not applied; Pennsylvania/Tennessee/Texas rules govern |
| Punitive damages and cross-state applicability | Punitive damages available under forum states | Iraqi law forbids punitive damages | Punitive-damages question reserved; false conflict; forum law likely governs |
Key Cases Cited
- Budget Rent-A-Car Sys., Inc. v. Chappell, 407 F.3d 166 (3d Cir.2005) (false conflict; inter-state interests determine law)
- Griffith v. United Air Lines, Inc., 416 Pa.1, 203 A.2d 796 (Pa.1964) (forum’s law applies absent reliance on another state’s rule)
- Baragona v. Kuwait Gulf Link Transport Co., 691 F.Supp.2d 1346 (N.D.Ga.2007) (courts distinguish out-of-state decisions; Order 17 context)
- Al-Quraishi v. Nakhla, 728 F.Supp.2d 702 (D.Md.2010) (courts acknowledge CPA Order 17 applicability)
- Saleh v. Titan Corp., 580 F.3d 1 (D.C.Cir.2009) (discusses CPA Order 17; limits/interpretation considerations)