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2018 Louisiana Laws
Revised Statutes
TITLE 13 - Courts and Judicial Procedure
RS 13:3381 - SLANDER, DEFAMATION, OR LIBEL PROCEEDINGS RELATED TO SEXUAL MISCONDUCT

Universal Citation: LA Rev Stat § 13:3381 (2018)
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CHAPTER 12-A. SLANDER, DEFAMATION, OR LIBEL PROCEEDINGS

RELATED TO SEXUAL MISCONDUCT

§3381. Stay of proceedings

            A.(1) Notwithstanding any provision of law to the contrary, upon the filing of a motion to stay by the defendant, the court shall stay the proceedings on a claim for defamation of character, libel, slander, or damage to reputation when the plaintiff is an alleged perpetrator of sexual misconduct against the defendant who is the alleged victim until such time as all civil or criminal investigations, administrative hearings, or any other hearing or legal proceeding regarding the allegations of sexual misconduct are complete and final.

            (2) For purposes of this Subsection, the motion to stay shall identify the forum of the pending investigation, hearing, or proceeding.

            (3) For purposes of this Chapter, a plaintiff is "an alleged perpetrator of sexual misconduct" if there is a pending claim of unwelcome behavior of a sexual nature that was allegedly committed without consent or by force, intimidation, coercion, or manipulation and the victim of the unwelcome behavior is the defendant.

            B.(1) Notwithstanding any provision of law to the contrary, if the claim for defamation of character, libel, slander, or damage to reputation referred to in Subsection A of this Section is determined by the court to be fraudulent or frivolous, the court shall order the plaintiff to pay all court costs and reasonable attorney fees and the defendant shall be entitled to exemplary damages.

            (2) For the purposes of this Section, "fraudulent" and "frivolous" shall have the same meaning as provided in R.S. 13:5241.

            (3) The amount of exemplary damages that may be awarded to the defendant by the court pursuant to Paragraph (1) of this Subsection shall be at the court's discretion and shall not be subject to any cap or similar limitation provided by law.

Acts 2018, No. 359, §1.

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