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DE SB98
Bill
Status
5/14/2015
Primary Sponsor
David Lawson
Click for details
AI Summary
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Establishes Chapter 46A in Title 10 of Delaware Code defining "foreign defamation action" and "foreign defamation judgment" as legal proceedings outside the United States founded on defamation, libel, or slander allegations.
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Prevents recognition of foreign defamation judgments if they were rendered under systems lacking impartial tribunals, without proper personal or subject matter jurisdiction, or without adequate defendant notice.
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Prohibits recognition of foreign defamation judgments obtained by fraud, based on causes repugnant to Delaware public policy, conflicting with other final orders, or where the foreign jurisdiction would not reciprocally recognize Delaware judgments.
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Allows persons against whom foreign defamation judgments are entered to sue in Delaware district court for declaratory relief determining whether judgments should be unenforceable and establishes state court jurisdiction over foreign judgment creditors.
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Permits persons sued in foreign defamation actions to seek injunctive relief in Delaware courts where proceedings would frustrate state policy, violate due process, impair free speech protections, or constitute vexatious conduct.
Legislative Description
An Act To Amend Title 10 Of The Delaware Code Relating To Foreign Defamation Judgments And To Expand Protections For Citizens Against Such Judgments By Providing For Declaratory And Injunctive Relief And Further Limit The Recognition Afforded To Such Judgments.
Last Action
Assigned to Judiciary Committee in Senate
5/14/2015