A bill introduced in the Senate on Wednesday could see military contractors in Iraq face justice in US courts in cases involving death, rape or serious injury.
While supporters of the bill hailed it as the end of "the Wild West of government contracting," some legal experts questioned whether the law could pass constitutional muster.
The bill, authored by Sen. Claire McCaskill (D-MO), would require foreign companies that contract with the US military to agree to answer in front of US courts when there has been a death, rape or serious injury, reports the Courthouse News Service.
McCaskill's inspiration for the law was the case of Army Lt. Col. Dominic Baragona, who died in Iraq in 2003 when a truck belonging to a Kuwaiti contractor slammed into his Humvee. Baragona's family sued the contractor, Kuwait Gulf & Link Transport. When the contractor didn't appear in court, the judge issued a $4.9 million judgment to the Baragonas. But the courts vacated that judgment when the company argued the US didn't have jurisdiction over the case.
As the Kansas City Star reports, the Baragonas faced resistance not only from the contractor, but from the US Army as well:
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