ENROLLED
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are additions.
Regular Session, 2010
HOUSE BILL NO. 701
BY REPRESENTATIVE WOOTON
AN ACT1
To enact Code of Civil Procedure Article 2542, relative to foreign defamation judgments;2
to provide the grounds for the recognition of foreign defamation judgments; to3
provide for jurisdiction; to provide for definitions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Civil Procedure Article 2542 is hereby enacted to read as follows:6
Art. 2542. Grounds for recognition of foreign defamation judgments7
A. For the purposes of this Section, "foreign defamation judgment" means8
a judgment or decree rendered in a jurisdiction outside of any state or territory of the9
United States which was founded on a cause of action arising from allegations of10
defamation.11
B. A foreign defamation judgment is not conclusive if any of the following12
apply:13
(1) The judgment was rendered under a system which does not provide14
impartial tribunals or procedures compatible with the requirements of due process15
of law.16
(2) The foreign court did not have personal jurisdiction over the defendant.17
(3) The foreign court did not have jurisdiction over the subject matter.18
C. A foreign defamation judgment need not be recognized if any of the19
following apply:20
(1) The defendant in the proceedings in the foreign court did not receive21
notice of the proceedings in sufficient time to enable him to provide a defense.22
(2) The judgment was obtained by fraud.23
(3) The cause of action or claim for relief on which the judgment is based is24
repugnant to the public policy of this state.25
(4) The judgment conflicts with another final and conclusive order.26 ENROLLEDHB NO. 701
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(5) The proceeding in the foreign court was contrary to an agreement1
between the parties under which the dispute in question was to be settled otherwise2
than by proceedings in that court.3
(6) In the case of jurisdiction based only on personal service, the foreign4
court was an inconvenient forum for the trial of the action.5
(7) The foreign jurisdiction where judgment was rendered would not give6
recognition to a similar judgment rendered in this state.7
(8) The court sitting in this state before which the matter is brought8
determines that the defamation law applied in the adjudication by the foreign court9
failed to provide at least as much protection for freedom of speech and press in that10
case as would be provided by the constitutions of this state and the United States.11
D. For the purposes of rendering declaratory relief with respect to the12
liability of a person for a foreign defamation judgment and determining whether the13
foreign defamation judgment should be deemed recognizable pursuant to this14
Section, the courts of this state shall have personal jurisdiction over any person who15
obtains a judgment in a defamation proceeding outside the United States against any16
of the following persons:17
(1) A resident of this state.18
(2) A person or entity amenable to the jurisdiction of this state.19
(3) A person who has assets in this state.20
(4) A person who may have to take action in this state to comply with the21
judgment.22
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: