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Louisiana Code of Civil Procedure Tit. IV, Art. 2542. Grounds for recognition of foreign defamation judgments

Current as of January 01, 2023 | Updated by Findlaw Staff

A. For the purposes of this Section, “foreign defamation judgment” means 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, libel, or slander.

B. A foreign defamation judgment is not conclusive if any of the following apply:

(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.

C. A foreign defamation judgment need not be recognized if any of the following apply:

(1) The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him to provide a defense.

(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 an 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.

D. For the purposes of rendering declaratory relief with respect to the liability of a person for a foreign defamation judgment and determining whether the foreign defamation judgment should be deemed recognizable pursuant to this Section, the courts of this state shall have personal jurisdiction over any person who obtains a judgment in a defamation proceeding outside the United States against any of the following persons:

(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.

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Cite this article: FindLaw.com - Louisiana Code of Civil Procedure Tit. IV, Art. 2542. Grounds for recognition of foreign defamation judgments - last updated January 01, 2023 | https://codes.findlaw.com/la/code-of-civil-procedure/la-code-civ-proc-tit-iv-art-2542/

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