§ 13:3381 — Stay of proceedings

§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.

Legislative History

Acts 2018, No. 359, §1.