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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 284
BY SENATOR MARTINY
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 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"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, libel, or slander.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
defendant.18
(3) The foreign court did not have jurisdiction over the subject matter.19
C. A foreign defamation judgment need not be recognized if any of the20
following apply:21
(1) The defendant in the proceedings in the foreign court did not receive22
notice of the proceedings in sufficient time to enable him to provide a defense.23
(2) The judgment was obtained by fraud.24
(3) The cause of action or claim for relief on which the judgment is based25
is repugnant to the public policy of this state.26
(4) The judgment conflicts with another final and conclusive order.27 SB NO. 284 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(5) The proceeding in the foreign court was contrary to an agreement1
between the parties under which the dispute in question was to be settled2
otherwise 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 not6
give 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 foreign9
court failed to provide at least as much protection for freedom of speech and10
press in that case as would be provided by the constitutions of this state and the11
United States.12
D. For the purposes of rendering declaratory relief with respect to the13
liability of a person for a foreign defamation judgment and determining14
whether the foreign defamation judgment should be deemed recognizable15
pursuant to this Section, the courts of this state have personal jurisdiction over16
any person who obtains a judgment in a defamation proceeding outside the17
United States against any of the following persons:18
(1) A resident of this state.19
(2) A person or entity amenable to the jurisdiction of this state.20
(3) A person who has assets in this state.21
(4) A person who may have to take action in this state to comply with the22
judgment.23
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: