The Senate Judiciary Committee heard SB 38, authored by Sen. Steele and Sen. Delph, on the application of foreign law. This bill 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 U.S. or Indiana Constitution. Additionally, it provides that a provision in a contract or agreement is void and unenforceable if it provides for the choice of foreign laws or of venue or forum that would result in a violation of a fundamental liberty, right, or privilege guaranteed by the U.S. or Indiana. The bill also prohibits a court from granting certain motions if the transfer is likely to affect the constitutional rights of the nonmoving party. It also provides that a court may not require or authorize any court to adjudicate or prohibit a religious organization from adjudicating ecclesiastical matters or determine or interpret the doctrine of a religious organization. An amendment was adopted that clarified the definition of ecclesiastical matters. The amended bill passed 7-3.
Read the bill at http://iga.in.gov/legislative/2015/bills/senate/291.