28 U.S.C. § 4104

Declaratory judgments

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(a)Cause of Action.—(1)In general.—Any United States person against whom a foreign judgment is entered on the basis of the content of any writing, utterance, or other speech by that person that has been published, may bring an action in district court, under section 2201(a), for a declaration that the foreign judgment is repugnant to the Constitution or laws of the United States. For the purposes of this paragraph, a judgment is repugnant to the Constitution or laws of the United States if it would not be enforceable under section 4102(a), (b), or (c).(2)Burden of establishing unenforceability of judgment.—The party bringing an action under paragraph (1) shall bear the burden of establishing that the foreign judgment would not be enforceable under section 4102(a), (b), or (c).(b)Nationwide Service of Process.—Where an action under this section is brought in a district court of the United States, process may be served in the judicial district where the case is brought or any other judicial district of the United States where the defendant may be found, resides, has an agent, or transacts business.(Added Pub. L. 111–223, § 3(a), Aug. 10, 2010, 124 Stat. 2383.)

Notes of Decisions

Cited in 2 cases, 2016–2019 · leading case: McCusker v. Hibu PLC, 159 F. Supp. 3d 341 (E.D.N.Y 2016).

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McCusker v. Hibu PLC, 159 F. Supp. 3d 341 (E.D.N.Y 2016). “The Pennsylvania federal court construed the motion to dismiss as a motion to transfer venue, pursuant to 28 U.S.C. § 4104 (a), and, on April 8, 2015, transferred the action to this Court.”

B & B Builders & Investors Inc v. East Baton Rouge Par. (W.D. La. 2019). “Although Plaintiff has alleged a cause of action under 28 U.S.C. §4104 , that provision is a “definitions” -2- provision applicable to foreign judgments.”

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