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MS SB2802

Bill

Status

Failed

1/30/2018

Primary Sponsor

Chris McDaniel

Click for details

Origin

Senate

2018 Regular Session

AI Summary

  • Prohibits Mississippi courts from enforcing foreign laws, legal codes, or systems that would deny parties fundamental liberties and rights guaranteed by the U.S. Constitution and Mississippi Constitution of 1890, including due process, freedom of religion, speech, press, and privacy rights.

  • Voids and makes unenforceable any contract or contractual provision that selects a foreign law to govern disputes if that law would not grant parties the same constitutional rights and privileges available under U.S. and Mississippi law.

  • Voids and makes unenforceable contractual provisions that select a foreign jurisdiction for dispute resolution if that jurisdiction's laws would deny parties constitutional rights and privileges.

  • Prevents Mississippi courts from granting forum non conveniens claims (dismissing cases for convenience) if doing so would violate the fundamental rights of a Mississippi resident in the foreign forum.

  • Exempts business entities contracting to use foreign law outside the United States and religious organizations handling purely ecclesiastical matters from the bill's restrictions; effective July 1, 2018.

Legislative Description

Courts; prohibit application of foreign law.

Last Action

Died In Committee

1/30/2018

Committee Referrals

Judiciary, Division A1/15/2018

Full Bill Text

No bill text available