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IN SB0016

Bill

Status

Introduced

1/3/2017

Primary Sponsor

Travis Holdman

Click for details

Origin

Senate

2017 Regular Session

AI Summary

  • Courts may not apply, enforce, or recognize foreign laws, rulings, or judgments that would violate fundamental constitutional liberties including due process, freedom of religion, freedom of speech, and freedom of the press.

  • Contract provisions choosing foreign law to govern interpretation or dispute resolution are void and unenforceable if the foreign law would not guarantee parties the same constitutional rights as U.S. and Indiana law.

  • Contract provisions selecting venues or forums outside the United States are void and unenforceable if the foreign jurisdiction would likely apply laws violating fundamental constitutional rights of any party.

  • Courts may not grant motions for forum non conveniens or motions to dismiss granting comity to proceedings outside the United States if doing so would likely violate constitutional rights of the non-moving party.

  • Courts cannot adjudicate ecclesiastical matters of religious organizations or interpret religious doctrine, and the chapter does not limit free exercise of religion rights or conflict with federal treaties.

Legislative Description

Application of foreign law. Provides that a court may not apply, enforce, or grant comity, res judicata, claim preclusion, or issue preclusion to a foreign law, ruling, or judgment if doing so would violate the fundamental liberties, rights, and privileges guaranteed by the Constitution of the United States or the Constitution of the State of Indiana. Provides that a provision in a contract or agreement that: (1) provides for the choice of foreign laws in its interpretation; or (2) provides for the choice of venue or forum; and that would result in a violation of a fundamental liberty, right, or

Last Action

Senator Raatz added as second author

1/3/2017

Committee Referrals

Judiciary1/3/2017

Full Bill Text

No bill text available