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Regular Session, 2010
SENATE BILL NO. 284
BY SENATOR MARTINY
JUDGMENTS. Provides relative to foreign country defamation judgments. (8/15/10)
AN ACT1
To enact R.S. 13:4249, relative to foreign defamation judgments; to provide the grounds for2
the recognition of foreign defamation judgments; to provide for jurisdiction; to3
provide definitions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 13:4249 is hereby enacted to read as follows: 6
ยง4249. Grounds for recognition of foreign defamation judgments7
A. For the purposes of this Section, "foreign defamation judgment"8
means a judgment or decree rendered in a jurisdiction outside of any state or9
territory of the United States which was founded on a cause of action arising10
from allegations of defamation.11
B. A foreign defamation judgment is not conclusive if any of the12
following apply:13
(1) The judgment was rendered under a system which does not provide14
impartial tribunals or procedures compatible with the requirements of due15
process of law.16
(2) The foreign court did not have personal jurisdiction over the17 SB NO. 284
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defendant.1
(3) The foreign court did not have jurisdiction over the subject matter.2
C. A foreign defamation judgment need not be recognized if any of the3
following apply:4
(1) The defendant in the proceedings in the foreign court did not receive5
notice of the proceedings in sufficient time to enable him to provide a defense.6
(2) The judgment was obtained by fraud.7
(3) The cause of action or claim for relief on which the judgment is based8
is repugnant to the public policy of this state.9
(4) The judgment conflicts with another final and conclusive order.10
(5) The proceeding in the foreign court was contrary to an agreement11
between the parties under which the dispute in question was to be settled12
otherwise than by proceedings in that court.13
(6) In the case of jurisdiction based only on personal service, the foreign14
court was a seriously inconvenient forum for the trial of the action.15
(7) The foreign jurisdiction where judgment was rendered would not16
give recognition to a similar judgment rendered in this state.17
(8) The court sitting in this state before which the matter is brought18
determines that the defamation law applied in the adjudication by the foreign19
court failed to provide at least as much protection for freedom of speech and20
press in that case as would be provided by the constitutions of this state and the21
United States.22
D. For the purposes of rendering declaratory relief with respect to the23
liability of a person for a foreign defamation judgment and determining24
whether the foreign defamation judgment should be deemed recognizable25
pursuant to this Section, the courts of this state have personal jurisdiction over26
any person who obtains a judgment in a defamation proceeding outside the27
United States against any of the following persons:28
(1) A resident of this state.29 SB NO. 284
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(2) A person or entity amenable to the jurisdiction of this state.1
(3) A person who has assets in this state.2
(4) A person who may have to take action in this state to comply with the3
judgment.4
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Present law provides for the Enforcement of Foreign Judgments Act, which provides the
procedures for the enforcement of foreign judgments entitled to the full faith and credit of
this state.
Proposed law defines "foreign defamation judgment" as a judgment or decree rendered in
a jurisdiction outside of any state or territory of the United States which was founded on a
cause of action arising from allegations of defamation.
Proposed law provides that a foreign defamation judgment is not conclusive if:
(1)The judgment was rendered under a system which does not provide impartial
tribunals or procedures compatible with the requirements of due process of law.
(2)The foreign court did not have personal jurisdiction over the defendant.
(3)The foreign court did not have jurisdiction over the subject matter.
Proposed law provides that a foreign defamation judgment need not be recognized if:
(1)The defendant in the proceedings in the foreign court did not receive notice of the
proceedings in sufficient time to enable him to defend.
(2)The judgment was obtained by fraud.
(3)The cause of action or claim for relief on which the judgment is based is repugnant
to the public policy of this state.
(4)The judgment conflicts with another final and conclusive order.
(5)The proceeding in the foreign court was contrary to an agreement between the parties
under which the dispute in question was to be settled otherwise than by proceedings
in that court.
(6)In the case of jurisdiction based only on personal service, the foreign court was a
seriously inconvenient forum for the trial of the action.
(7)The foreign jurisdiction where judgment was rendered would not give recognition
to a similar judgment rendered in this state.
(8)The court sitting in this state before which the matter is brought determines that the
defamation law applied in the adjudication by the foreign court failed to provide at
least as much protection for freedom of speech and press in that case as would be
provided by the constitutions of this state and the United States. SB NO. 284
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Proposed law provides that for the purposes of determining whether the foreign defamation
judgment should be deemed recognizable, the courts of this state have personal jurisdiction
over any person who obtains a judgment in a defamation proceeding outside the United
States against any person who is:
(1)A resident of this state.
(2)A person or entity amenable to the jurisdiction of this state.
(3)A person who has assets in this state.
(4)A person who may have to take action in this state to comply with the judgment.
Effective August 15, 2010.
(Adds R.S. 13:4249)