Delaware Code Title 10 Sec. 3929 – Recouperation of out-of-state judgments related to reproductive …
(a) As used in this section, “reproductive health services” means as defined in § 1702 of Title 24.
Terms Used In Delaware Code Title 10 Sec. 3929
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Statute: A law passed by a legislature.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(b) When any person has had a judgment entered against such person, in any state, where liability, in whole or in part, is based on the alleged provision, receipt, assistance in receipt or provision, material support for, or any theory of vicarious, joint, several, or conspiracy liability derived therefrom, for reproductive health services that are lawful in this State, such person may recover damages from any party that brought the action leading to that judgment or has sought to enforce that judgment.
(c) Damages include any of the following:
(1) Just damages created by the action that led to that judgment, including money damages in the amount of the judgment in that other state and costs, expenses and reasonable attorneys’ fees spent in defending the action that resulted in the entry of a judgment in another state.
(2) Costs, expenses, and reasonable attorneys’ fees incurred in bringing an action under this section as may be allowed by the court.
(d) This section shall not apply to a judgment entered in another state that is based upon any of the following:
(1) An action founded in tort, contract, or statute, and for which a similar claim would exist under the laws of this State, brought by the patient’s legal representative or the patient who received the reproductive health services upon which the original lawsuit was based for any of the following:
a. Damages suffered by the patient.
b. Damages derived from an individual’s loss of consortium of the patient.
(2) An action founded in contract, and for which a similar claim exists under the laws of this State, brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the judgement entered in another state.
(3) An action where no part of the acts that formed the basis for liability occurred in this state.