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'''Business Courts''', sometimes referred to as '''Commercial Courts''', are trial courts that primarily or exclusively adjudicate internal business disputes and/or commercial litigation between businesses, heard before specialist judges assigned to these courts.<ref>{{Cite web |last=Mitchell L. Bach & Lee Applebaum |title=A History of the Creation and Jurisdiction of Business Courts in the Last Decade, 60 Business Lawyer 147 (2004) |url=https://www.businesscourtsblog.com/wp-content/uploads/2023/02/00321795.pdf}}</ref><ref name="Range of Commercial Court disputes">{{Cite web |title=Range of Commercial Court disputes |url=https://www.judiciary.uk/courts-and-tribunals/business-and-property-courts/commercial-court/the-work-of-the-commercial-court/range-of-commercial-court-disputes/ |access-date=2024-05-02 |website=Courts and Tribunals Judiciary |language=en-US}}</ref> Commercial Courts outside the United States may have broader or narrower [[Subject-matter jurisdiction|jurisdiction]] than state trial level business and commercial courts within the United States, for example patent or admiralty jurisdiction;<ref>{{Cite web |title=The Business and Property Courts |url=https://www.gov.uk/courts-tribunals/the-business-and-property-courts |access-date=2024-05-02 |website=GOV.UK |language=en}}</ref> and jurisdiction may vary between countries.<ref name=":1">{{Cite web |last=Asian Bank |title=Commercial Courts: Exploring Key Models (2022) |url=https://lpr.adb.org/sites/default/files/event/1709/commercial-courts-2411-v2.pdf}}</ref> |
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'''Business Courts''', sometimes referred to as '''Commercial Courts''', are trial courts that primarily or exclusively hear internal business disputes and commercial litigation between businesses. The modern creation of specialized Business Courts in the United States began in the early 1990s,<ref>Mitchell L. Bach & Lee Applebaum, ''[https://www.businesscourtsblog.com/wp-content/uploads/2023/02/00321795.pdf A History of the Creation and Jurisdiction of Business Courts in the Last Decade]'', 60 Business Lawyer 147 (2004).</ref> and has expanded greatly in the last thirty years.<ref>Lee Applebaum, [https://cdm16501.contentdm.oclc.org/digital/collection/traffic/id/54 "The Steady Growth of Business Courts, National Center for State Courts, Future Trends in State Courts (2011).]</ref> Business courts (which are often business programs or divisions within existing trial level courts) are operating in [http://www.nycourts.gov/courts/comdiv/ny/newyork.shtml New York City] and 10 other jurisdictions throughout New York State as the [[New York Supreme Court|New York Supreme Court Commercial Division]],<ref>{{Cite web|url=http://www.nycourts.gov/courts/comdiv/|title=Commercial Division - NY Supreme Court - Home|website=www.nycourts.gov|access-date=2019-02-28}}</ref> [[Circuit Court of Cook County|Chicago]], [https://www.nccourts.gov/courts/business-court North Carolina], [[New Jersey Superior Court#Civil Part|New Jersey]], [[First Judicial District of Pennsylvania|Philadelphia]] and [https://www.alleghenycourts.us/civil/about/commerce-complex-litigation/ Pittsburgh], Pennsylvania, [https://www.leg.state.nv.us/courtrules/seconddcr.html Reno] and [https://www.leg.state.nv.us/App/InterimCommittee/REL/Document/21387 Las Vegas], [[Nevada]], [https://www.mass.gov/superior-court-business-litigation-session Massachusetts], [https://www.courts.ri.gov/Courts/DecisionsOrders/AdministrativeOrders/2011-10.pdf Rhode Island], [https://www.courts.state.md.us/businesstech Maryland], Orlando,<ref>{{Cite web |title=Ninth CIrcuit Business Court |url=https://ninthcircuit.org/divisions/business-court}}</ref> [https://www.jud11.flcourts.org/About-the-Court/Ourt-Courts/Civil-Court/Complex-Business-Litigation Miami], Ft. Lauderdale, and [http://www.fljud13.org/businesscourt.aspx Tampa], Florida, Michigan,<ref>{{Cite web|url=https://www.businesscourtsblog.com/michigan-business-courts-local-and-national-lessons/|title=Michigan Business Courts: Local and National Lessons – Business Courts Blog|date=17 January 2019 |language=en-US|access-date=2019-03-03}}</ref> Cincinatti, Cleveland<ref>{{Cite web |title=Cuyahoga County Commercial Docket |url=https://cp.cuyahogacounty.us/court-resources/specialty-courts/commercial-docket/}}</ref> and [https://www.co.lucas.oh.us/2263/Commercial-Docket-Rule Toledo], Ohio, [https://www.iowacourts.gov/iowa-courts/district-court/iowa-business-specialty-court/ Iowa], [https://www.courts.maine.gov/courts/bcd/index.html Maine], [https://www.courts.nh.gov/our-courts/superior-court/orders/business-and-commercial-dispute-docket-orders New Hampshire], Metro [https://www.fultoncourt.org/business/ Atlanta] regionally and [https://www.georgiabusinesscourt.com/ Georgia Statewide], Delaware's [[Delaware Superior Court|Superior Court]] and [[Delaware Court of Chancery|Court of Chancery]], Nashville, Tennessee,<ref>{{Cite web|url=https://www.businesscourtsblog.com/tennessees-business-court-as-a-model-for-creating-new-business-courts/|title=Tennessee's Business Court as a Model for Creating New Business Courts – Business Courts Blog|language=en-US|access-date=2019-03-03}}</ref> Wisconsin,<ref>{{Cite web |title=Wisconsin Commercial Docket Pilot Project |url=https://www.wicourts.gov/services/attorney/comcourtpilot.htm}}</ref> Indiana,<ref>{{Cite web|url=https://www.businesscourtsblog.com/indianas-supreme-court-makes-commercial-courts-permanent-and-establishes-a-standing-commercial-court-committee/|title=Indiana's Supreme Court Makes Commercial Courts Permanent, and Establishes a Standing Commercial Court Committee – Business Courts Blog|date=23 May 2019 |language=en-US|access-date=2019-05-29}}</ref> [https://superiorcourt.maricopa.gov/civil/commercial-court/ Arizona], Kentucky,<ref>{{Cite web |last=Kentucky Court of Justice |date= |title=Business Court Docket in Jefferson County (Louisville) |url=https://kycourts.gov/Courts/Business-Court/Pages/default.aspx |access-date= |website=}}</ref> South Carolina,<ref>{{Cite web |title=South Carolina Business Court |url=https://www.sccourts.org/busCourt/}}</ref> West Virginia,<ref>{{Cite web |title=West Virginia Business Case Division |url=http://www.courtswv.gov/lower-courts/business-court-division/index.html}}</ref> and the Wyoming Chancery Court.<ref>{{Cite web |title=Wyoming Chancery Court |url=https://www.courts.state.wy.us/chancery-court/}}</ref> [https://www.businesscourtsblog.com/wp-content/uploads/2023/05/01885610.pdf This map]shows states having business courts either statewide, in multiple counties or cities, or within a single major city or county, which is accurate through April 2023. In New York, Chicago, Philadelphia, Massachusetts,<ref>{{Cite web|url=https://www.businesscourtsblog.com/boston-business-litigation-sessions-evolution-from-local-to-regional-to-statewide-business-court/|title=Boston Business Litigation Session's Evolution from Local to Regional to Statewide Business Court – Business Courts Blog|date=11 February 2019 |language=en-US|access-date=2019-03-17}}</ref> North Carolina, South Carolina and New Jersey, among other states with business courts, the original programs have expanded by adding judges and/or by expanding into additional cities and counties.<ref>Mitchell L. Bach & Lee Applebaum, A History of the Creation and Jurisdiction of Business Courts in the Last Decade, 60 Business Lawyer 147 (2004).</ref><ref>The ABA Section of Business Law's Committee on Business and Corporate Litigation annually publishes Recent Developments in Business and Corporate Litigation. Since 2004, this book has included a chapter on business courts, which describes changes and developments in business courts since that time to the present.</ref><ref>{{Cite web|url=https://www.sccourts.org/whatsnew/displaywhatsnew.cfm?indexID=2180|title=Administrative Order 2017-02-08-02, In Re: Amended Business Court Pilot Program, Supreme Court of South Carolina|language=en-US|access-date=2019-03-04}}</ref> In 2023, Utah adopted legislation creating a statewide Business and Chancery Court, which will become operational in 2024.<ref>{{Cite web |title=Utah House Bill 216 |url=https://le.utah.gov/~2023/bills/static/HB0216.html}}</ref> On June 9, 2023, Texas' governor signed an Act into law creating a Business Court.<ref>{{Cite web |last=Francis |first=Bob |date=June 14, 2023 |title=Business court system has support but could face challenges |url=https://fortworthreport.org/2023/06/14/business-court-system-has-support-but-could-face-challenges/}}</ref> The new law became effective in September 2023, but the Business Court will not be open for cases until September 2024 at the earliest.<ref>{{Cite web |title=Texas HB19 {{!}} 2023-2024 {{!}} 88th Legislature |url=https://legiscan.com/TX/text/HB19/id/2819557 |access-date=2023-06-16 |website=LegiScan |language=en}}</ref> The Hamilton County, Ohio Court of Common Pleas had discontinued its Commercial Docket in 2017, but revived it effective March 1, 2024.<ref>{{Cite web |title=Court of Common Pleas Hamilton County Local Rule 48 |url=https://hamiltoncountycourts.org/wp-content/uploads/2024/03/RULE-48.pdf}}</ref> |
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== Business and Commercial Courts in the United States == |
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Delaware's Court of Chancery, the pre-eminent court addressing intra-business disputes, has functioned as a business court of limited jurisdiction for a century.<ref>{{Cite web|url=https://www.businesscourtsblog.com/new-jersey-complex-business-litigation-programs-new-rules-guidelines-and-model-forms/|title=New Jersey Complex Business Litigation Program's New Rules, Guidelines, and Model Forms – Business Courts Blog|date=26 February 2019 |language=en-US|access-date=2019-03-03}}</ref> However, its traditional equity jurisdiction has evolved and expanded since 2003 to include technology disputes (10 Del. C. § 346), some purely monetary commercial disputes (10 Del. C. § 347), and to expand its role in the alternative dispute resolution of business and commercial disputes. This includes the use of mediation (10 Del. C. § 347), Masters in Chancery to adjudicate matters (10 Del. C. § 350), and agreements to make decisions non-appealable (10 Del. C. § 351).<ref>[http://delcode.delaware.gov/title10/c003/sc03/ Title 10, Delaware Code, Courts and Judicial Procedures]</ref> |
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Business Courts in the United States have been established in approximately twenty-five states. In some cases, a state legislature may choose to create a business court by statute. In other cases, business courts have been established by judicial rule or order, at the state supreme court or trial court level.<ref>{{Cite web |last=Mitchell L. Bach & Lee Applebaum |title=A History of the Creation and Jurisdiction of Business Courts in the Last Decade, 60 Business Lawyer 147 (2004) |url=https://www.businesscourtsblog.com/wp-content/uploads/2023/02/00321795.pdf}}</ref> Georgia created a statewide business court by constitutional amendment.<ref>{{Cite web |title=Georgia State-wide Business Court, History |url=https://www.georgiabusinesscourt.com/history/#:~:text=As%20such%2C%20in%20March%202018%2C%20the%20General%20Assembly,creation%20of%20a%20business%20court%20with%20statewide%20jurisdiction.}}</ref> |
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=== Types of jurisdictional models === |
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The significant relationship between business courts and Alternative Dispute Resolution, such as mediation, neutral valuation, and arbitration, is well recognized.<ref>{{Cite journal|last1=Tennille|first1=Bejamin|last2=Applebaum|first2=Lee|last3=Nees|first3=Anne|date=2012-02-23|title=Getting to Yes in Specialized Courts: The Unique Role of ADR in Business Court Cases|url=https://digitalcommons.pepperdine.edu/drlj/vol11/iss1/3|journal=Pepperdine Dispute Resolution Law Journal|volume=11|issue=1|issn=1536-3090}}</ref><ref>Christopher R. Drahozal, Business Courts and the Future of Arbitration, 10 Cardozo Journal of Conflict Resolution 491 (2009)</ref> Some business courts expressly encourage the use of special masters or referees in expediting some decision making during the litigation process.<ref>{{Cite web |title=Kentucky Business Court Rule 5.1, Special Master or Discovery Referee |url=https://www.kycourts.gov/Courts/Supreme-Court/Supreme%20Court%20Orders/202315.pdf}}</ref><ref>{{Cite web |date=February 14, 2024 |title=Administrative Order of the Chief Administrative Judge of the Courts (New York) |url=https://www.nycourts.gov/LegacyPDFS/RULES/trialcourts/AO%2077.24_202.70%20Rules%20of%20the%20Commercial%20Div..pdf}}</ref> |
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In virtually all cases, the jurisdiction of the court to hear certain cases is limited to disputes that are in some way related to "business" or commercial disputes, and generally fall into two categories: (1) those courts which require that cases have an additional complexity component; and (2) those courts which establish jurisdictional parameters (i) through a defined list of case types (ii) combined with a specified minimum [[Amount in controversy|amount of damages in controversy]], irrespective of complexity.<ref name=":0">{{Cite web |title=Mitchell L. Bach & Lee Applebaum, A History of the Creation and Jurisdiction of Business Courts in the Last Decade, 60 Business Lawyer 147 (2004) |url=https://www.businesscourtsblog.com/wp-content/uploads/2023/02/00321795.pdf}}</ref> |
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In [[New York (state)|New York]], for example, the trial level [[New York Supreme Court|Supreme Court]] Commercial Division<ref>{{Cite web |title=New York State Unified Court System, Commercial Division - NY Supreme Court |url=https://ww2.nycourts.gov/courts/comdiv/index.shtml}}</ref> follows the case type and jurisdictional amount in controversy model, giving jurisdiction over 12 listed business and commercial case categories while setting out monetary thresholds ranging from $50,000 in some counties to $500,000 in Manhattan.<ref>{{Cite web |title=New York Commercial Division Rule 202.70(a-b) |url=https://www.nycourts.gov/LegacyPDFS/courts/comdiv/NY/PDFs/CDRules202-70.pdf}}</ref> The [[Massachusetts Superior Court]]'s Business Litigation Session (BLS)<ref>{{Cite web |title=Superior Court Business Litigation Session {{!}} Mass.gov |url=https://www.mass.gov/superior-court-business-litigation-session |access-date=2024-05-26 |website=www.mass.gov |language=en}}</ref> includes a jurisdictional list of case types, but instead of focusing on monetary thresholds as a gatekeeping mechanism, cases are included only where "the BLS in the sound discretion of the BLS Administrative Justice, based principally on the complexity of the case and the need for substantial case management," selects a case for inclusion.<ref>{{Cite web |title=Superior Court Administrative Directive No. 24.1 (April 5, 2024) |url=https://www.mass.gov/superior-court-rules/superior-court-administrative-directive-no-24-1-superior-court-business-litigation-sessions}}</ref> |
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Business and Commercial Courts exist internationally as well,<ref>{{Cite web |title=Lee Applebaum and Cory Manning, Specialized Business and Commercial Courts Around the Globe: A Summary World View, American Bar Association (Spring 2009) |url=https://www.businesscourtsblog.com/wp-content/uploads/2023/06/Business-Courts-Around-the-World-Article-00245518xB05D9.pdf}}</ref> including, for example, England and Wales,<ref>{{Cite web|url=https://www.gov.uk/courts-tribunals/the-business-and-property-courts|title=The Business and Property Courts - GOV.UK|website=www.gov.uk|language=en|access-date=2019-02-28}}</ref> Toronto,<ref>{{Cite web|url=http://www.ontariocourts.ca/scj/civil/commercial-list/|title=Commercial List {{!}} Superior Court of Justice|language=en-US|access-date=2019-03-03}}</ref> Quebec,<ref>{{Cite web|url=http://www.tribunaux.qc.ca/mjq_en/c-superieure/avis/conso_cha_commer-a.html|title=Superior Court of Québec -- Commercial Division – General Rules|website=www.tribunaux.qc.ca|access-date=2019-03-03}}</ref> and Alberta,<ref>{{Cite web |title=Commercial List |url=https://albertacourts.ca/kb/areas-of-law/commercial}}</ref> Canada, Ireland,<ref>{{Cite web |title=Commercial Court |url=https://www.courts.ie/commercial-court}}</ref> Scotland,<ref>{{Cite web|url=https://www.scotcourts.gov.uk/the-courts/supreme-courts/commercial-actions|title=Commercial Actions|website=www.scotcourts.gov.uk|access-date=2019-03-03}}</ref> [https://www.europeanlawinstitute.eu/membership/institutional-members/maritime-and-commercial-high-court-of-denmark/ Denmark], Hong Kong, [[Commercial Court (Belgium)|Belgium]], Bermuda, New South Wales and Victoria Australia,<ref>{{Cite web |last=Supreme Court of Victoria |title=Commercial Court |url=https://www.supremecourt.vic.gov.au/areas/commercial-court}}</ref> Northern Ireland,<ref>{{Cite web |last=Northern Ireland |title=Commercial Lists |date=29 November 2017 |url=https://www.justice-ni.gov.uk/articles/commerical-lists}}</ref> Qatar,<ref>{{Cite web |last=Qatar |title=International Court and Dispute Resolution Center |url=https://www.qicdrc.gov.qa/}}</ref> Dubai,<ref>[https://www.difccourts.ae/media-centre/newsroom/23-january-2013-uk-uae-trade-ties-strengthened-through-memorandum-between-commercial-courts UK-UAE Trade ties strengthened through memorandum between Commercial Courts (24/01/2013)]</ref> Spain,<ref>{{Cite web |title=Lee Applebaum and Cory Manning, Specialized Business and Commercial Courts Around the Globe: A Summary World View, American Bar Association (Spring 2009) |url=https://www.businesscourtsblog.com/wp-content/uploads/2023/06/Business-Courts-Around-the-World-Article-00245518xB05D9.pdf}}</ref> [https://www.tribunal-de-commerce-de-paris.fr/en/chambre-internationale France], Switzerland, [[High Court of Tanzania|Tanzania]],<ref>{{Cite web |title=High Court Commercial Division - TanzLII |url=https://tanzlii.org/judgments/TZHCComD/ |access-date=2024-04-27 |website=tanzlii.org}}</ref> Rwanda, Lesotho, the British Virgin Islands,<ref>{{Cite web |last= |title=Eastern Caribbean Supreme Court Civil Procedure Rules, Parts 69 and 70 Commercial Division Rules (Territory of the Virgin Islands) |url=https://cms.eccourts.org/wp-content/uploads/2023/09/Civil-Procedure-Rules-Revised-Edition-2023.pdf}}</ref> St. Lucia,<ref>{{Cite web |title=Eastern Caribbean Supreme Court Rules of Civil Procedure, Part 71 (Commercial Division of St. Lucia) |url=https://cms.eccourts.org/wp-content/uploads/2023/09/Civil-Procedure-Rules-Revised-Edition-2023.pdf}}</ref> Japan,<ref>{{Cite news |date=2022-10-11 |title=Japan's 1st 'Business Court' launched in Tokyo in bid to accrue knowledge |url=https://mainichi.jp/english/articles/20221011/p2a/00m/0na/008000c |access-date=2024-04-25 |work=Mainichi Daily News |language=en}}</ref> and Malaysia.<ref>{{Cite web |title=Commercial Division, State of Kuala Lumpur |url=https://kl.kehakiman.gov.my/en/pejabat-pendaftaran/commercial-division}}</ref> New English language commercial courts have been created in Paris, Frankfurt, the [[Judiciary of the Netherlands|Netherlands]],<ref>{{Cite web|url=http://conflictoflaws.net/2018/doors-open-for-first-hearing-of-international-chamber-at-paris-court-of-appeal/|title=Doors open for First Hearing of International Chamber at Paris Court of Appeal|first=Giesela|last=Ruehl|date=2018-06-05|website=Conflict of Laws|language=en-US|access-date=2019-02-28}}</ref><ref>{{Cite web|url=https://ordentliche-gerichtsbarkeit.hessen.de/ordentliche-gerichte/lgb-frankfurt-am-main/lg-frankfurt-am-main/chamber-international|title=Chamber for International Commercial Disputes|date=2018-08-01|website=Ordentliche Gerichtsbarkeit Hessen|language=de|access-date=2019-02-28}}</ref><ref>{{Cite web|url=https://netherlands-commercial-court.com/|title=Netherlands Commercial Court|website=Netherlands Commercial Court|language=EN|access-date=2019-02-28}}</ref> Stuttgart | Mannheim, Germany,<ref>{{Cite web |title=Commercial Court Stuttgart {{!}} Mannheim |url=https://www.commercial-court.de/en/}}</ref> [[Singapore International Commercial Court|Singapore]],<ref>{{Cite web |last=Singapore |title=Singapore International Commercial Court |url=https://www.sicc.gov.sg/}}</ref> and Kazakhstan.<ref>{{Cite web |last=Kazakhstan |title=Astana International Financial Centre Court |url=https://court.aifc.kz/en}}</ref> This reflects the growth in international commercial courts, involving disputes among parties from different nations.<ref>{{Citation |last=Gu |first=Weixia |title=The Global Rise of International Commercial Courts: Typology and Power Dynamics |date=2022-04-04 |type=SSRN Scholarly Paper |url=https://papers.ssrn.com/abstract=4074819 |access-date=2024-04-25 |place=Rochester, NY |language=en |last2=Tam |first2=Jacky}}</ref><ref>{{Cite web |title=Brexit: Europe sees emergence of specialist commercial courts to compete with the UK |url=https://www.ibanet.org/Brexit-Europe-sees-emergence-of-specialist-commercial-courts-to-compete-with-the-UK |access-date=2024-04-25 |website=www.ibanet.org |language=en}}</ref><ref>{{Cite web |last=Shahar Avraham-Giller & Rabeea Assy |first= |title=How Can International Commercial Courts Become an Attractive Option for the Resolution of International Commercial Disputes?, Journal of Dispute Resolution Vol. 2023, Issue 2, Article 6 |url=https://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=1939&context=jdr}}</ref> |
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There are mixed models as well, with some mandatory case type categories specifically listed, and other discretionary types requiring an element of complexity. The [[Maryland Circuit Courts|Maryland Circuit Court]]'s Business and Technology Case Management Program includes certain "presumptive" mandatory case types, while others categories require a judge to more subjectively determine if they are complex enough to include on the docket.<ref>{{Cite web |title=Maryland Court Rule 16-308(c) |url=https://govt.westlaw.com/mdc/Document/N471DDCB0EDE011ED8FC5E1998A637812?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)}}</ref> North Carolina's Business Court<ref>{{Cite web |title=Business Court {{!}} North Carolina Judicial Branch |url=https://www.nccourts.gov/courts/business-court |access-date=2024-05-02 |website=www.nccourts.gov}}</ref> has a similar mixed model that makes jurisdiction mandatory if the listed commercial case type is over $5,000,000, but discretionary if under,<ref>{{Cite web |title=NCGS § 7A‑45.4 |url=https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_7A/GS_7A-45.4.html#:~:text=%C2%A7%207A%E2%80%9145.4.%20Designation%20of%20complex%20business%20cases.%20(a),material%20issue%20related%20to%20any%20of%20the%20following: |access-date=2024-05-02 |website=www.ncleg.net}}</ref> as well as a seldom used rule allowing judicial discretion.<ref>{{Cite web |title=Rule 2.1 of the General Rules of Practice for the Superior and District Courts |url=https://www.nccourts.gov/assets/inline-files/General-Rules-of-Practice-for-the-Superior-and-District-Courts-Codified-13-February-2023.pdf?VersionId=bACZb.z5JPisHiHnqw2cDC5ZLBdW9Tyn?VersionId=bACZb.z5JPisHiHnqw2cDC5ZLBdW9Tyn}}</ref> |
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The American College of Business Court Judges was established in 2005.<ref>{{Cite web |title=American College of Business Court Judges |url=https://masonlec.org/divisions/mason-judicial-education-program/american-college-business-court-judges/}}</ref> The Standing International Forum of Commercial Courts was created in 2016.<ref>{{Cite web |last=Standing International Forum of Commercial Courts |title=About Us |url=https://sifocc.org/about-us/}}</ref> |
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=== History of business and commercial court creation and development === |
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==Business Court Jurisdiction, Technology Disputes & Cyber Courts, and Complex Litigation Courts== |
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The modern creation of specialized Business Courts in the United States began in the early 1990s,<ref>Mitchell L. Bach & Lee Applebaum, ''[https://www.businesscourtsblog.com/wp-content/uploads/2023/02/00321795.pdf A History of the Creation and Jurisdiction of Business Courts in the Last Decade]'', 60 Business Lawyer 147 (2004).</ref> and has expanded greatly in the last thirty years.<ref>Lee Applebaum, [https://cdm16501.contentdm.oclc.org/digital/collection/traffic/id/54 "The Steady Growth of Business Courts, National Center for State Courts, Future Trends in State Courts (2011).]</ref> Business courts (which are often business programs or divisions within existing trial level courts) are operating in [[Manhattan|New York County/Manhattan]],<ref>{{Cite web |title=New York State Unified Court System, Commercial Division - New York County/Manhattan |url=https://ww2.nycourts.gov/courts/comdiv/ny/newyork.shtml}}</ref> and 10 other jurisdictions throughout New York State as the New York Supreme Court Commercial Division,<ref>{{Cite web|url=http://www.nycourts.gov/courts/comdiv/|title=Commercial Division - NY Supreme Court - Home|website=www.nycourts.gov|access-date=2019-02-28}}</ref> [[Chicago]], <ref>{{Cite web |title=Commercial Calendar Section {{!}} Circuit Court of Cook County |url=https://www.cookcountycourt.org/division/law-division/commercial-calendar-section |access-date=2024-05-27 |website=www.cookcountycourt.org |language=en}}</ref> [[North Carolina]],<ref>{{Cite web |title=Business Court {{!}} North Carolina Judicial Branch |url=https://www.nccourts.gov/courts/business-court |access-date=2024-05-27 |website=www.nccourts.gov}}</ref> [[New Jersey]],<ref>{{Cite web |title=Complex Business Litigation Program {{!}} NJ Courts |url=https://www.njcourts.gov/courts/civil/cblp |access-date=2024-05-27 |website=www.njcourts.gov}}</ref> [[Philadelphia]]<ref>{{Cite web |title=Court of Common Pleas, Trial Division - Civil {{!}} The Philadelphia Courts - First Judicial District of Pennsylvania |url=https://www.courts.phila.gov/common-pleas/trial/civil/ |access-date=2024-05-27 |website=www.courts.phila.gov}}</ref> and [[Pittsburgh]],<ref>{{Cite web |title=Commerce & Complex Litigation |url=https://www.alleghenycourts.us/civil/about/commerce-complex-litigation/ |access-date=2024-05-27 |website=Fifth Judicial District of Pennsylvania |language=en-US}}</ref> [[Pennsylvania]], [[Reno, Nevada|Reno]]<ref>{{Cite web |title=Rules of Practice for the Second Judicial District Court of the State of Nevada |url=https://www.leg.state.nv.us/courtrules/seconddcr.html |access-date=2024-05-27 |website=www.leg.state.nv.us}}</ref> and [[Las Vegas]],<ref>{{Cite web |last=Judge Mark Denton and Judge Elizabeth Gonzalez |date=2008 |title=Business Court, Eighth Judicial District Court |url=https://www.leg.state.nv.us/App/InterimCommittee/REL/Document/21387}}</ref> [[Nevada]], [[Massachusetts]],<ref>{{Cite web |title=Superior Court Business Litigation Session {{!}} Mass.gov |url=https://www.mass.gov/superior-court-business-litigation-session |access-date=2024-05-27 |website=www.mass.gov |language=en}}</ref> [[Rhode Island]],<ref>{{Cite web |last=Gibney |first=Presiding Justice Alice B. |title=State of Rhode Island and Providence Plantations, Superior Court, Administrative Order No. 2011-10 |url=https://www.courts.ri.gov/Courts/DecisionsOrders/AdministrativeOrders/2011-10.pdf#search=business%20calendar}}</ref> [[Maryland]],<ref>{{Cite web |title=Maryland Business and Technology Case Management Program (BTCMP) {{!}} Maryland Courts |url=https://www.courts.state.md.us/businesstech |access-date=2024-05-27 |website=www.courts.state.md.us}}</ref> [[Orlando, Florida|Orlando]],<ref>{{Cite web |title=Ninth CIrcuit Business Court |url=https://ninthcircuit.org/divisions/business-court}}</ref> [[Miami-Dade County, Florida|Miami]],<ref>{{Cite web |title=Complex Business Litigation |url=https://www.jud11.flcourts.org/About-the-Court/Ourt-Courts/Civil-Court/Complex-Business-Litigation |access-date=2024-05-27 |website=www.jud11.flcourts.org}}</ref> [[Fort Lauderdale, Florida|Ft. Lauderdale]],<ref>{{Cite web |title=Circuit Civil Complex Litigation – Seventeenth Judicial Circuit of Florida |url=https://www.17th.flcourts.org/circuit-civil-complex-litigation/ |access-date=2024-05-27 |language=en-US}}</ref> and [[Tampa, Florida|Tampa]],<ref>{{Cite web |title=Business Court - The Complex Business Litigation Division |url=https://www.fljud13.org/businesscourt.aspx |access-date=2024-05-27 |website=www.fljud13.org}}</ref> [[Florida]], [[Michigan]],<ref>{{Cite web|url=https://www.businesscourtsblog.com/michigan-business-courts-local-and-national-lessons/|title=Michigan Business Courts: Local and National Lessons – Business Courts Blog|date=17 January 2019 |language=en-US|access-date=2019-03-03}}</ref> [[Cincinnati]],<ref>{{Cite web |title=Court of Common Pleas of Hamilton County Ohio, Local Rule 48 |url=https://hamiltoncountycourts.org/wp-content/uploads/2024/03/RULE-48.pdf}}</ref> [[Cleveland]]<ref>{{Cite web |title=Cuyahoga County Commercial Docket |url=https://cp.cuyahogacounty.us/court-resources/specialty-courts/commercial-docket/}}</ref> and [[Toledo, Ohio|Toledo]],<ref>{{Cite web |title=Lucas County, Ohio Court of Common Pleas Rule 5.08 |url=https://www.co.lucas.oh.us/DocumentCenter/View/10856/General-Division-Local-Rules?bidId=}}</ref> [[Ohio]], [[Iowa]],<ref>{{Cite web |title=Iowa Business Specialty Court |url=https://www.iowacourts.gov/iowa-courts/district-court/iowa-business-specialty-court/ |access-date=2024-05-27 |website=www.iowacourts.gov |language=en-us}}</ref> [[Maine]],<ref>{{Cite web |title=Business and Consumer Court: State of Maine Judicial Branch |url=https://www.courts.maine.gov/courts/bcd/index.html |access-date=2024-05-27 |website=www.courts.maine.gov}}</ref> [[New Hampshire]],<ref>{{Cite web |title=Business and Commercial Dispute Docket Orders |url=https://www.courts.nh.gov/our-courts/superior-court/orders/business-and-commercial-dispute-docket-orders |access-date=2024-05-27 |website=New Hampshire Judicial Branch |language=en}}</ref> [[Metro Atlanta]]<ref>{{Cite web |title=Business Court {{!}} Superior Court of Fulton County |url=https://www.fultoncourt.org/business |access-date=2024-05-27 |website=www.fultoncourt.org}}</ref> regionally and [[Georgia State-wide Business Court]] statewide,<ref>{{Cite web |title=Georgia State-wide Business Court |url=https://www.georgiabusinesscourt.com/}}</ref> [[Delaware]]'s Superior Court<ref>{{Cite web |title=Complex Commercial Litigation Division (CCLD) - Superior Court - Delaware Courts - State of Delaware |url=https://courts.delaware.gov/superior/complex.aspx |access-date=2024-05-27 |website=courts.delaware.gov}}</ref> and Court of Chancery,<ref>{{Cite web |title=Court of Chancery - Delaware Courts - State of Delaware |url=https://courts.delaware.gov/chancery/ |access-date=2024-05-27 |website=courts.delaware.gov}}</ref> [[Nashville, Tennessee|Nashville]], [[Tennessee]],<ref>{{Cite web |title=Business Court Pilot Project – Chancery Clerk and Master of Metropolitan Nashville & Davidson County |url=https://chanceryclerkandmaster.nashville.gov/cases/business-court-pilot-project/ |access-date=2024-05-27 |language=en-US}}</ref> [[Wisconsin]],<ref>{{Cite web |title=Wisconsin Commercial Docket Pilot Project |url=https://www.wicourts.gov/services/attorney/comcourtpilot.htm}}</ref> [[Indiana]],<ref>{{Cite web|url=https://www.businesscourtsblog.com/indianas-supreme-court-makes-commercial-courts-permanent-and-establishes-a-standing-commercial-court-committee/|title=Indiana's Supreme Court Makes Commercial Courts Permanent, and Establishes a Standing Commercial Court Committee – Business Courts Blog|date=23 May 2019 |language=en-US|access-date=2019-05-29}}</ref> [[Phoenix, Arizona|Phoenix]], [[Arizona]],<ref>{{Cite web |title=Commercial Court {{!}} Maricopa County Superior Courts |url=https://superiorcourt.maricopa.gov/departments/superior-court/civil/commercial-court/ |access-date=2024-05-27 |website=superiorcourt.maricopa.gov |language=en}}</ref> [[Kentucky]],<ref>{{Cite web |last=Kentucky Court of Justice |date= |title=Business Court Docket in Jefferson County (Louisville) |url=https://kycourts.gov/Courts/Business-Court/Pages/default.aspx |access-date= |website=}}</ref> [[South Carolina]],<ref>{{Cite web |title=South Carolina Business Court |url=https://www.sccourts.org/busCourt/}}</ref> [[West Virginia]],<ref>{{Cite web |title=West Virginia Business Court Division |url=http://www.courtswv.gov/lower-courts/business-court-division/index.html}}</ref> and [[Wyoming Chancery Court|Wyoming]].<ref>{{Cite web |title=Wyoming Chancery Court |url=https://www.courts.state.wy.us/chancery-court/}}</ref> [https://www.businesscourtsblog.com/wp-content/uploads/2023/05/01885610.pdf This map] shows states having business courts either statewide, in multiple counties or cities, or within a single major city or county, which is accurate through April 2023. |
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Business Courts are trial courts that hear business disputes primarily or exclusively. In the United States, these courts have been established in approximately twenty-five states. In some cases, a state legislature may choose to create a business court by statute. In other cases, business courts have been established by judicial rule or order, at the Supreme Court or trial court level. In virtually all cases, the jurisdiction of the court to hear certain cases is limited to disputes that are in some way related to "business" disputes, and generally fall into two categories: (1) those courts which require that cases have an additional complexity component; and (2) those courts which establish jurisdictional parameters (i) through a defined list of case types (ii) combined with a specified minimum amount of damages in controversy, irrespective of complexity. There are courts with mixed models as well.<ref>{{Cite web |title=Mitchell L. Bach & Lee Applebaum, A History of the Creation and Jurisdiction of Business Courts in the Last Decade, 60 Business Lawyer 147 (2004) |url=https://www.businesscourtsblog.com/wp-content/uploads/2023/02/00321795.pdf}}</ref> |
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In 2023, [[Utah]] adopted legislation creating a statewide Business and Chancery Court, which will become operational in 2024.<ref>{{Cite web |title=Utah House Bill 216 |url=https://le.utah.gov/~2023/bills/static/HB0216.html}}</ref> On June 9, 2023, [[Texas]]' governor signed an Act into law creating a Business Court.<ref>{{Cite web |last=Francis |first=Bob |date=June 14, 2023 |title=Business court system has support but could face challenges |url=https://fortworthreport.org/2023/06/14/business-court-system-has-support-but-could-face-challenges/}}</ref> The new law became effective in September 2023, but the Business Court will not be open for cases until September 2024 at the earliest.<ref>{{Cite web |title=Texas HB19 {{!}} 2023-2024 {{!}} 88th Legislature |url=https://legiscan.com/TX/text/HB19/id/2819557 |access-date=2023-06-16 |website=LegiScan |language=en}}</ref> |
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In New York, for example, the Commercial Division may hear cases (1) alleging breach of contract, (2) arising under the state's business corporation law, (3) arising under the state's partnership law, (4) relating to commercial loans, negotiable instruments, letters of credit, and bank transactions, or (5) involving business torts. The Commercial Division may not, by comparison, hear cases involving (1) landlord/tenant disputes, (2) commercial foreclosures, (3) products liability claims, or (4) claims alleging discrimination except when part of or under the terms of a contract.<ref>Section 202.70, Rules of the Commercial Division of the Supreme Court of New York [http://www.nycourts.gov/rules/trialcourts/202.shtml#70]</ref> |
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Delaware's Court of Chancery, the pre-eminent court addressing intra-business disputes, has functioned as a business court of limited jurisdiction for a century.<ref>{{Cite web|url=https://www.businesscourtsblog.com/new-jersey-complex-business-litigation-programs-new-rules-guidelines-and-model-forms/|title=New Jersey Complex Business Litigation Program's New Rules, Guidelines, and Model Forms – Business Courts Blog|date=26 February 2019 |language=en-US|access-date=2019-03-03}}</ref> However, its traditional equity jurisdiction has evolved and expanded since 2003 to include technology disputes (10 Del. C. § 346), some purely monetary commercial disputes (10 Del. C. § 347), and to expand its role in the alternative dispute resolution of business and commercial disputes. This includes the use of mediation (10 Del. C. § 347), Masters in Chancery to adjudicate matters (10 Del. C. § 350), and agreements to make decisions non-appealable (10 Del. C. § 351).<ref name="delcode.delaware.gov">[http://delcode.delaware.gov/title10/c003/sc03/ Title 10, Delaware Code, Courts and Judicial Procedures]</ref> |
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Some states have established specialized courts that include technology disputes as part of their express jurisdiction.<ref>Jacob A. Sommer, Business Litigation and Cyberspace: Will Cyber Courts Prove and Effective Tool for Luring High-Tech Business Into Forum States, 56 Vanderbilt Law Review 561 (2003)</ref> Through legislative effort and court rule, Maryland established a [https://www.courts.state.md.us/businesstech Business and Technology Case Management Program]. In May 2003, [[Delaware]] expanded the Court of Chancery's jurisdiction to include technology disputes, and the mediation of other kinds of business disputes (10 Del. C. §§ 346, 347).<ref>[http://delcode.delaware.gov/title10/c003/sc03/ Title 10, Delaware Code, Courts and Judicial Procedures]</ref> West Virginia's [https://www.courtswv.gov/legal-community/court-rules/wv-trial-court-rules-contents#rule2904 Business Court Division Rule 24.09] expressly includes technology issues. The Davidson County, Tennessee Business Court Docket expressly encompasses technology and biotechnology licensing.<ref>{{Cite web|url=https://chanceryclerkandmaster.nashville.gov/wp-content/uploads/Guide-to-the-Business-Court-Docket-Phase-2-1.pdf|title=Tennessee Business Court Docket Guidelines Phase 2|last=|first=|date=|website=|url-status=live|archive-url=https://web.archive.org/web/20200125182326/https://chanceryclerkandmaster.nashville.gov/wp-content/uploads/Guide-to-the-Business-Court-Docket-Phase-2-1.pdf |archive-date=2020-01-25 |access-date=}}</ref> North Carolina's Business Court jurisdiction expressly includes computer software, information technology and systems, data and data system security, biotechnology and bioscience technology.<ref>{{Cite web |last= |first= |date= |title=N.C.G.S. § 7A‑45.4. Designation of complex business cases |url=https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_7A/GS_7A-45.4.html#:~:text=%C2%A7%207A%E2%80%9145.4.%20Designation%20of%20complex%20business%20cases.%20%28a%29,material%20issue%20related%20to%20any%20of%20the%20following%3A |url-status=live |archive-url= |archive-date= |access-date= |website=}}</ref> New York Commercial Division Rule 202.70(b)(1), addressing that business court's jurisdiction, was amended in February 2024 to expressly include "technology transactions and/or commercial disputes involving or arising out of technology".<ref>{{Cite web |date=February 14, 2024 |title=Administrative Order of the Chief Administrative Judge of the Courts (New York) |url=https://www.nycourts.gov/LegacyPDFS/RULES/trialcourts/AO%2077.24_202.70%20Rules%20of%20the%20Commercial%20Div..pdf}}</ref> This amendment is intended to make clear the New York business court's experience in handling technology disputes, especially in light of the fact that "many of the business courts in other states have emphasized their jurisdiction over and experience with adjudicating technology disputes...."<ref>{{Cite web |date=October 5, 2023 |title=Memorandum regarding Request for Public Comment on Amending 22 NYCRR § 202.70(b)(1) to Add a Reference to Technology in the Description of Commercial Cases |url=https://www.nycourts.gov/LegacyPDFS/rules/comments/pdf/RPC-Commercial-Division-Rules-technology.pdf}}</ref> The High Court of Justice in England includes a [[Technology and Construction Court]]. |
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Other states have a mixed history. In New York, Chicago, Philadelphia, Massachusetts,<ref>{{Cite web |date=11 February 2019 |title=Boston Business Litigation Session's Evolution from Local to Regional to Statewide Business Court – Business Courts Blog |url=https://www.businesscourtsblog.com/boston-business-litigation-sessions-evolution-from-local-to-regional-to-statewide-business-court/ |access-date=2019-03-17 |language=en-US}}</ref> North Carolina, South Carolina,<ref>{{Cite web |title=Administrative Order 2017-02-08-02, In Re: Amended Business Court Pilot Program, Supreme Court of South Carolina |url=https://www.sccourts.org/whatsnew/displaywhatsnew.cfm?indexID=2180 |access-date=2019-03-04 |language=en-US}}</ref> and New Jersey,<ref>{{Cite web |last=Hon. Glenn A. Grant |title=Notice to the Bar, Complex Business Litigation Program (November 13, 2014) |url=https://www.njcourts.gov/sites/default/files/notices/2014/11/n141113b.pdf?cb=72988eaa}}</ref> among other states with business courts, the original programs have expanded by adding judges and/or by expanding into additional cities and counties.<ref>Mitchell L. Bach & Lee Applebaum, A History of the Creation and Jurisdiction of Business Courts in the Last Decade, 60 Business Lawyer 147 (2004).</ref><ref>The ABA Section of Business Law's Committee on Business and Corporate Litigation annually publishes "Recent Developments in Business and Corporate Litigation". Since 2004, this has included a chapter on business courts, which describes changes and developments in business courts since that time to the present, [https://www.americanbar.org/groups/business_law/resources/business-law-today/2022-february/recent-developments-business-courts-2022/ 2022 being one example].</ref> Around 2000, [[Colorado Supreme Court|Colorado's Supreme Court]] studied a business court, but did not pursue it,<ref>{{Cite web |date=2019-04-23 |title=Some Business Court History: Colorado 2000 (and Later Business Court Efforts) – Business Courts Blog |url=https://www.businesscourtsblog.com/some-business-court-history-colorado-2000/ |access-date=2024-05-04 |language=en-US}}</ref> and the [[Denver]] [[Colorado district courts|District Court]] later experimented for three years with a business court, known as the [https://www.courts.state.co.us/Courts/Civil_Rules.cfm Civil Access Pilot Project]. Orlando's business court was restored in October 2019,<ref>{{Cite web |date=15 October 2019 |title=Florida's Ninth Judicial Circuit Business Court to Reopen on October 21, 2019 – Business Courts Blog |url=https://www.businesscourtsblog.com/floridas-ninth-judicial-circuit-business-court-to-reopen-on-october-21-2019/ |access-date=2020-01-25 |language=en-US}}</ref> after an earlier funding shortage.<ref>{{Cite web |last=Lotan |first=Gal Tziperman |date=26 October 2017 |title=Orange-Osceola courts will close business division to bolster family court |url=https://www.orlandosentinel.com/news/breaking-news/os-frederick-lauten-business-family-court-20171026-story.html |access-date=2019-02-28 |website=OrlandoSentinel.com |language=en-US}}</ref> In 2015, [[Supreme Court of New Jersey|New Jersey's Supreme Court]] created a statewide Complex Business Litigation Program<ref>{{Cite web |title=Complex Business Litigation Program {{!}} NJ Courts |url=https://www.njcourts.gov/courts/civil/cblp |access-date=2024-05-26 |website=www.njcourts.gov}}</ref> after having only a few counties with business courts before that.<ref>{{Cite web |date=26 February 2019 |title=New Jersey Complex Business Litigation Program's New Rules, Guidelines, and Model Forms – Business Courts Blog |url=https://www.businesscourtsblog.com/new-jersey-complex-business-litigation-programs-new-rules-guidelines-and-model-forms/ |access-date=2019-02-28 |language=en-US}}</ref> In 2009, [[Milwaukee]]'s [[Wisconsin circuit courts|Circuit Court]] ended a little used business court program,<ref>{{Cite web |title=In re Creation of a Pilot Program for Dedicated Circuit Court Judicial Dockets for Large Claim Business and Commercial Cases |url=https://www.wicourts.gov/supreme/docs/1605memo.pdf}}</ref> but [[Wisconsin Supreme Court|Wisconsin's Supreme Court]] implemented a business court pilot program in 2017 which has expanded to a number of circuit courts and judicial districts.<ref>{{Cite web |title=Wisconsin Court System - For attorneys - Commercial Docket Pilot Project |url=https://www.wicourts.gov/services/attorney/comcourtpilot.htm |access-date=2024-05-03 |website=www.wicourts.gov}}</ref> [[Oklahoma]] Statute §20-91.7 (2004) authorizes the [[Oklahoma Supreme Court|Oklahoma's Supreme Court]] to create business court divisions in [[Tulsa, Oklahoma|Tulsa]] and [[Oklahoma City]],<ref>{{Cite web |title=Oklahoma Statutes, Title 20, Courts |url=https://oksenate.gov/sites/default/files/2019-12/os20.pdf}}</ref> but it has not; however, in 2024, Oklahoma's Governor supports business courts for Oklahoma.<ref>{{Cite web |last=Dobberstein |first=John |date=2024-03-14 |title=Gov. Stitt pushes for creation of 'business courts' in Oklahoma |url=https://basentinel.com/gov-stitt-pushes-for-creation-of-business-courts-in-oklahoma/ |access-date=2024-05-06 |website=Broken Arrow Sentinel |language=en-US}}</ref> The [[Hamilton County, Ohio]] [[Ohio Courts of Common Pleas|Court of Common Pleas]] discontinued its Commercial Docket in 2017, but revived it in 2024.<ref>{{Cite web |title=Court of Common Pleas Hamilton County Local Rule 48 |url=https://hamiltoncountycourts.org/wp-content/uploads/2024/03/RULE-48.pdf}}</ref> |
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California, Connecticut,<ref>{{Cite web |last=Connecticut, Special Sessions of the Superior Court |title=Complex Litigation Docket |url=https://www.jud.ct.gov/external/super/spsess.htm#ComplexLitigationDocket}}</ref> [https://superiorcourt.maricopa.gov/departments/superior-court/civil/commercial-court/ Phoenix, Maricopa County, Arizona], [https://www.courts.oregon.gov/courts/pages/complex-litigation.aspx Oregon], and [https://www.revisor.mn.gov/court_rules/gp/id/146/ Minnesota] have created specialized courts or tracks for complex litigation that would include some business disputes within a broader jurisdiction of complex matters. This is not statewide in California, but includes at least the following Superior Courts: [https://eportal.alameda.courts.ca.gov/?q=node/410 Alameda], Contra Costa,<ref>{{Cite web |last=Superior Court of California, Contra Costa County |title=Complex Litigation |url=https://www.cc-courts.org/civil/complex-litigation.aspx}}</ref> Los Angeles,<ref>{{Cite web |last=Superior Court of California, County of Los Angeles |title=Complex Civil Litigation Program |url=https://www.lacourt.org/division/civil/CI0033.aspx}}</ref> Orange,<ref>{{Cite web |last=Superior Court of California, County of Orange |title=Complex Civil |url=https://www.occourts.org/divisions/civil/complex-civil}}</ref> Riverside,<ref>{{Cite web |last=Superior Court of California, County of Riverside |title=Complex Litigation Department |url=https://www.riverside.courts.ca.gov/Divisions/Civil/Intro-to-Complex-Civil-Litigation.pdf}}</ref> Sacramento,<ref>{{Cite web |last=Superior Court of California, County of Sacramento |title=Complex Civil Cases |url=https://www.saccourt.ca.gov/civil/complex-civil-cases.aspx}}</ref> San Francisco,<ref>{{Cite web |last=Superior Court of California, County of San Francisco |title=Complex Civil Litigation |url=https://sf.courts.ca.gov/divisions/civil-division/complex-civil-litigation}}</ref> San Mateo,<ref>{{Cite web |last=Superior Court of California, County of San Mateo |title=Complex Civil Litigation |url=https://www.sanmateo.courts.ca.gov/divisions/complex-civil-litigation}}</ref> and Santa Clara.<ref>{{Cite web |last=Superior Court of California, County of Santa Clara |title=Complex Civil Litigation |url=https://www.scscourt.org/court_divisions/civil/complex/civil_complex.shtml}}</ref> Arizona also has a specialized commercial court in Phoenix.<ref>{{Cite web|url=https://superiorcourt.maricopa.gov/civil/commercial-court/|title=The Judicial Branch of Arizona in Maricopa County -|website=superiorcourt.maricopa.gov|access-date=2019-02-28}}</ref> Other states are in various stages of moving toward or away from business or complex courts, with Colorado having conducted extensive studies nearly two decades ago into the merits and potential parameters of creating a business court on a broad basis, which was not pursued, and later experimenting with a business court, the [https://www.courts.state.co.us/Courts/Civil_Rules.cfm Civil Access Pilot Project], from 2012-2015; and Orlando, Florida having to move resources away from its Complex Business Litigation program into its family court,<ref>{{Cite web|url=https://www.orlandosentinel.com/news/breaking-news/os-frederick-lauten-business-family-court-20171026-story.html|title=Orange-Osceola courts will close business division to bolster family court|last=Lotan|first=Gal Tziperman|website=OrlandoSentinel.com|date=26 October 2017 |language=en-US|access-date=2019-02-28}}</ref> though this program was restored in October 2019,<ref>{{Cite web|url=https://www.businesscourtsblog.com/floridas-ninth-judicial-circuit-business-court-to-reopen-on-october-21-2019/|title=Florida's Ninth Judicial Circuit Business Court to Reopen on October 21, 2019 – Business Courts Blog|date=15 October 2019 |language=en-US|access-date=2020-01-25}}</ref> New Jersey expanding to a statewide business court track in 2015, after having only two counties with specialized commercial courts for 20 years,<ref>{{Cite web|url=https://www.businesscourtsblog.com/new-jersey-complex-business-litigation-programs-new-rules-guidelines-and-model-forms/|title=New Jersey Complex Business Litigation Program's New Rules, Guidelines, and Model Forms – Business Courts Blog|date=26 February 2019 |language=en-US|access-date=2019-02-28}}</ref> and South Carolina's Business Court went from a regional pilot program and is now a permanent statewide program.<ref>{{Cite web|url=https://www.businesscourtsblog.com/south-carolinas-business-court-pilot-program-becomes-the-business-court-program/|title=South Carolina's "Business Court Pilot Program" becomes the "Business Court Program" – Business Courts Blog|date=5 February 2019 |language=en-US|access-date=2019-02-28}}</ref> |
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== U.S. complex civil litigation dockets and complex business/commercial cases == |
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California,<ref>{{Cite web |last=National Center for State Courts |title=Complex Litigation: Key Findings from the California Pilot Program, Civil Action Vol. 3 Issue 1 (Winter 2004) |url=https://cdm16501.contentdm.oclc.org/digital/collection/civil/id/38}}</ref> Connecticut,<ref>{{Cite web |last=Connecticut, Special Sessions of the Superior Court |title=Complex Litigation Docket |url=https://www.jud.ct.gov/external/super/spsess.htm#ComplexLitigationDocket}}</ref> Oregon,<ref>{{Cite web |title=Oregon Judicial Department : Complex Litigation : Oregon State Courts : State of Oregon |url=https://www.courts.oregon.gov/courts/pages/complex-litigation.aspx |access-date=2024-05-27 |website=www.courts.oregon.gov}}</ref> and Minnesota courts have created specialized dockets for complex litigation within their civil trial courts,<ref>{{Cite web |last=Hannaford-Agor |first=Paula L. |title=Focus on Business and Complex Litigation Courts, Civil Action Vol. 1 Issue 1 (National Center for State Courts Aug. 2000) |url=https://ncsc.contentdm.oclc.org/digital/collection/civil/id/49/ |access-date=2024-05-04 |website=ncsc.contentdm.oclc.org |language=en}}</ref> tying specialization to process and case management rather than legal subject matter. Minnesota's General Rules of Practice<ref>{{Cite web |title=MN Court Rules |url=https://www.revisor.mn.gov/court_rules/gp/id/146/ |access-date=2024-06-14 |website=www.revisor.mn.gov}}</ref> provide an example of this focus on the numbers of witnesses and parties, need for experts, and legally complex issues. California's complex litigation programs are not statewide, but includes at least the following Superior Courts: [[Alameda County Superior Court|Alameda]],<ref>{{Cite web |title=Civil Complex {{!}} Alameda eCourt Public Portal |url=https://eportal.alameda.courts.ca.gov/?q=node/410 |access-date=2024-05-27 |website=eportal.alameda.courts.ca.gov}}</ref> [[Contra Costa County Superior Court|Contra Costa]],<ref>{{Cite web |last=Superior Court of California, Contra Costa County |title=Complex Litigation |url=https://www.cc-courts.org/civil/complex-litigation.aspx}}</ref> [[Los Angeles County Superior Court|Los Angeles]],<ref>{{Cite web |last=Superior Court of California, County of Los Angeles |title=Complex Civil Litigation Program |url=https://www.lacourt.org/division/civil/CI0033.aspx}}</ref> [[Orange County, California Superior Court|Orange]],<ref>{{Cite web |last=Superior Court of California, County of Orange |title=Complex Civil |url=https://www.occourts.org/divisions/civil/complex-civil}}</ref> [[Riverside County Superior Court|Riverside]],<ref>{{Cite web |last=Superior Court of California, County of Riverside |title=Complex Litigation Department |url=https://www.riverside.courts.ca.gov/Divisions/Civil/Intro-to-Complex-Civil-Litigation.pdf}}</ref> [[Sacramento County Superior Court|Sacramento]],<ref>{{Cite web |last=Superior Court of California, County of Sacramento |title=Complex Civil Cases |url=https://www.saccourt.ca.gov/civil/complex-civil-cases.aspx}}</ref> [[San Francisco County Superior Court|San Francisco]],<ref>{{Cite web |last=Superior Court of California, County of San Francisco |title=Complex Civil Litigation |url=https://sf.courts.ca.gov/divisions/civil-division/complex-civil-litigation}}</ref> [[San Mateo County Superior Court|San Mateo]],<ref>{{Cite web |last=Superior Court of California, County of San Mateo |title=Complex Civil Litigation |url=https://www.sanmateo.courts.ca.gov/divisions/complex-civil-litigation}}</ref> and [[Santa Clara County Superior Court|Santa Clara]].<ref>{{Cite web |last=Superior Court of California, County of Santa Clara |title=Complex Civil Litigation |url=https://www.scscourt.org/court_divisions/civil/complex/civil_complex.shtml}}</ref> |
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These programs can include sufficiently complex business and commercial disputes among a broader range of case types. There is a sufficient relationship between these specialized complex litigation dockets and business courts that, for example, former Orange County Complex Litigation Program Judge Gail A. Andler<ref>{{Cite web |title=Judge Gail A. Andler - Comprehensive Profile: Analytics, Rulings & Recent Cases {{!}} Trellis.Law |url=https://trellis.law/judge/gail.a.andler#:~:text=The%20Hon.%20Gail%20A.%20Andler%20(Ret.)%20served%20as,joined%20JAMS%20as%20a%20private%20mediator%20and%20arbitrator. |access-date=2024-05-09 |website=trellis.law}}</ref> is a past president of the American College of Business Court Judges (ACBCJ),<ref name="masonlec.org">{{Cite web |title=American College of Business Court Judges – Law & Economics Center |url=https://masonlec.org/divisions/mason-judicial-education-program/american-college-business-court-judges/ |access-date=2024-05-04 |website=masonlec.org}}</ref><ref>{{Cite web |date=2023-06-27 |title=New Ideas in Civil Case Management from Two California Complex Litigation Program Judges – Business Courts Blog |url=https://www.businesscourtsblog.com/new-ideas-in-civil-case-management-from-two-california-complex-litigation-program-judges/ |access-date=2024-05-04 |language=en-US}}</ref> and a number of California's complex litigation judges (including Judge Elihu Berle<ref>{{Cite web |title=Los Angeles Superior Court, Civil Complex Litigation Judges |url=https://www.lacourt.org/division/efiling/pdf/ComplexJudges.pdf}}</ref>), and Minnesota complex litigation Judge Jerome Abrams,<ref>{{Cite web |title=Minnesota Judicial Branch - Home {{!}} Minnesota Judicial Branch |url=https://www.mncourts.gov/About-The-Courts/Overview/JudicialDirectory/Bio.aspx?jid=1370 |access-date=2024-05-27 |website=www.mncourts.gov}}</ref> have served as Business Court Representatives<ref>{{Cite web |title=American Bar Association Business Law Section, Business Court Representatives |url=https://www.americanbar.org/groups/business_law/about/awards-initiatives/business-court-representatives/}}</ref> to the [[American Bar Association]]'s Section of Business Law. Judge Abrams is a 2023-2024 Vice President of the ACBCJ.<ref name="masonlec.org" /> Judge Berle is also a current officer of the ACBCJ (as of May 2024), has spoken at its judicial education programs, and participated in its first meeting in 2005.<ref>{{Cite web |title=american college of business court jduges |url=https://www.bing.com:9943/search?q=american+college+of+business+court+jduges&cvid=f4fdc2b082f444cbbf644a4fa46206c9&gs_lcrp=EgZjaHJvbWUqBggAEEUYOzIGCAAQRRg7MgYIARBFGDsyBggCEEUYOTIGCAMQABhAMgYIBBAuGEAyBggFEC4YQDIGCAYQLhhAMgYIBxAuGEAyBggIEEUYPNIBCDMyMzlqMGo0qAIIsAIB&FORM=ANAB01&PC=U531 |access-date=2024-05-22 |website=Bing |language=en}}</ref><ref>{{Cite web |date=October 30 - November 1, 2019 |title=Fourteenth Meeting of the American College of Business Court Judges, Judicial Education Program |url=https://masonlec.org/wp-content/uploads/2018/04/ACBCJ-Agenda.pdf}}</ref><ref>American College of Business Court Judges, AEI-Brookings Joint Center for Regulatory Studies, Judicial Education Program, Washington, D.C., Advanced Law and Economics Insitute, October 30 - November 1, 2005, Judicial Participant List</ref> |
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== International Business and Commercial Courts == |
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Business and Commercial Courts exist internationally as well,<ref>{{Cite web |last=Asian Development Bank |title=Commercial Courts: Exploring Key Models (2022). |url=https://lpr.adb.org/sites/default/files/event/1709/commercial-courts-2411-v2.pdf}}</ref><ref>{{Cite web |title=Lee Applebaum and Cory Manning, Specialized Business and Commercial Courts Around the Globe: A Summary World View, American Bar Association (Spring 2009) |url=https://www.businesscourtsblog.com/wp-content/uploads/2023/06/Business-Courts-Around-the-World-Article-00245518xB05D9.pdf}}</ref><ref>{{Cite web |last=Ralph Peeple and Hanne Nyheim |title=Beyond the Borders: An International Perspective on Business Courts, Business Law Today, Vol. 17, No. 4 (March/April 2008) |url=https://www.americanbar.org/content/dam/aba/publications/blt/2008/03/full-issue-200803.pdf}}</ref> including, for example, in England and Wales,<ref>{{Cite web|url=https://www.gov.uk/courts-tribunals/the-business-and-property-courts|title=The Business and Property Courts - GOV.UK|website=www.gov.uk|language=en|access-date=2019-02-28}}</ref> Toronto,<ref>{{Cite web|url=http://www.ontariocourts.ca/scj/civil/commercial-list/|title=Commercial List {{!}} Superior Court of Justice|language=en-US|access-date=2019-03-03}}</ref> Montreal,<ref>{{Cite web |title=Cour supérieure - Chambre commerciale |url=https://www.barreaudemontreal.qc.ca/avocats/outils/avocats-de-litige/cs-comm/ |access-date=2024-05-09 |website=Barreau de Montréal |language=fr-FR}}</ref> Quebec,<ref>{{Cite web|url=http://www.tribunaux.qc.ca/mjq_en/c-superieure/avis/conso_cha_commer-a.html|title=Superior Court of Québec -- Commercial Division – General Rules|website=www.tribunaux.qc.ca|access-date=2019-03-03}}</ref> and Alberta,<ref>{{Cite web |title=Commercial List |url=https://albertacourts.ca/kb/areas-of-law/commercial}}</ref> Canada, Ireland,<ref>{{Cite web |title=Commercial Court |url=https://www.courts.ie/commercial-court}}</ref> Scotland,<ref>{{Cite web|url=https://www.scotcourts.gov.uk/the-courts/supreme-courts/commercial-actions|title=Commercial Actions|website=www.scotcourts.gov.uk|access-date=2019-03-03}}</ref> Denmark,<ref>{{Cite web |title=Maritime and Commercial High Court of Denmark |url=https://www.europeanlawinstitute.eu/membership/institutional-members/maritime-and-commercial-high-court-of-denmark/ |access-date=2024-05-27 |website=www.europeanlawinstitute.eu |language=en}}</ref> the Netherlands,<ref>{{Cite web |last=Kroeze |first=Martin |date=March 30, 2007 |title=The Dutch Companies and Business Court as a Specialized Court |doi=10.2139/ssrn.976277 |ssrn=976277 |url=https://papers.ssrn.com/sol3/papers.cfm?abstract_Id=976277}}</ref><ref>{{Cite web |title=The enterprise chamber of the Amsterdam Court of Appeal |url=https://www.ggi.com/news/litigation-&-disputes/the-enterprise-chamber-of-the-amsterdam-court-of-appeal |access-date=2024-05-22 |website=www.ggi.com |language=en}}</ref> Hong Kong, [[Commercial Court (Belgium)|Belgium]], Bermuda,<ref>{{Cite web |title=Supreme Court {{!}} Government of Bermuda |url=https://www.gov.bm/supreme-court |access-date=2024-05-27 |website=www.gov.bm}}</ref> Queensland<ref>{{Cite web |title=Supreme Court of Queensland, Practice Direction No 1 of 2023, Commercial List |url=https://www.courts.qld.gov.au/__data/assets/pdf_file/0004/750856/sc-pd-01-of-2023.pdf}}</ref> and Victoria, Australia,<ref>{{Cite web |last=Supreme Court of Victoria |title=Commercial Court |url=https://www.supremecourt.vic.gov.au/areas/commercial-court}}</ref> New Zealand (Commercial Panel),<ref>{{Cite web |title=How cases are heard |url=https://www.courtsofnz.govt.nz/the-courts/high-court/cases-are-heard/ |access-date=2024-05-03 |website=Courts of New Zealand |language=en-GB}}</ref> Northern Ireland,<ref>{{Cite web |last=Northern Ireland |title=Commercial Lists |date=29 November 2017 |url=https://www.justice-ni.gov.uk/articles/commerical-lists}}</ref> Qatar,<ref>{{Cite web |last=Qatar |title=International Court and Dispute Resolution Center |url=https://www.qicdrc.gov.qa/}}</ref> [[DIFC Courts|Dubai]],<ref>[https://www.difccourts.ae/media-centre/newsroom/23-january-2013-uk-uae-trade-ties-strengthened-through-memorandum-between-commercial-courts UK-UAE Trade ties strengthened through memorandum between Commercial Courts (24/01/2013)]</ref> Spain,<ref>{{Cite web |title=Lee Applebaum and Cory Manning, Specialized Business and Commercial Courts Around the Globe: A Summary World View, American Bar Association (Spring 2009) |url=https://www.businesscourtsblog.com/wp-content/uploads/2023/06/Business-Courts-Around-the-World-Article-00245518xB05D9.pdf}}</ref><ref>{{Cite web |title=European e-Justice Portal - National specialised courts |url=https://e-justice.europa.eu/content_specialised_courts-19-es-maximizeMS-en.do?member=1 |access-date=2024-05-03 |website=e-justice.europa.eu}}</ref><ref>{{Cite web |title=Spain sets up new commercial courts for IP matters |url=https://www.worldtrademarkreview.com/article/spain-sets-new-commercial-courts-ip-matters |access-date=2024-05-03 |website=www.worldtrademarkreview.com |language=en}}</ref> [[Tribunal de commerce|France]]<ref>{{Cite web |title=Chambre internationale |url=http://www.tribunal-de-commerce-de-paris.fr/ |access-date=2024-05-10 |website=LE CERCLE DES JUGES CONSULAIRES DE PARIS |language=en}}</ref> (where the commercial courts are not divisions of other civil courts, but are autonomous<ref>{{Cite web |last=Asian Development Bank |title=Commercial Courts: Exploring Key Models (2022). |url=https://lpr.adb.org/sites/default/files/event/1709/commercial-courts-2411-v2.pdf}}</ref>), Switzerland,<ref>{{Cite web |title=SWITZERLAND: An Introduction to Litigation Law {{!}} Chambers and Partners |url=https://chambers.com/content/item/3961 |access-date=2024-05-03 |website=chambers.com |language=en}}</ref><ref>{{Cite web |title=Introduction of international commercial courts in Switzerland |url=https://www.ibanet.org/introduction-of-international-commercial-courts-in-Switzerland |access-date=2024-04-29 |website=www.ibanet.org |language=en}}</ref> Austria,<ref>{{Cite web |title=General information about civil proceedings |url=https://www.oesterreich.gv.at/en/themen/gesetze_und_recht/gerichtsorganisation_der_justiz/zivilrecht/2/Seite.1010310.html |access-date=2024-05-06 |website=oesterreich.gv.at - Österreichs digitales Amt |language=en}}</ref>[[High Court of Tanzania|Tanzania]],<ref>{{Cite web |title=High Court Commercial Division - TanzLII |url=https://tanzlii.org/judgments/TZHCComD/ |access-date=2024-04-27 |website=tanzlii.org}}</ref> Rwanda,<ref>{{Cite web |title=Case study on Building specialized commercial courts in Rwanda |url=https://archive.doingbusiness.org/en/reports/case-studies/2008/building-specialized-commercial-courts-in-rwanda |access-date=2024-05-02 |website=World Bank |language=en}}</ref> Lesotho,<ref>{{Cite web |title=Commercial Division - 2024 - LesLII |url=https://lesotholii.org/judgments/LSHC/LSHC-commercial-division/2024/ |access-date=2024-05-02 |website=lesotholii.org}}</ref> South Africa,<ref>{{Cite web |date=2022-06-03 |title=Revised Commercial Court Practice Directive |url=https://ppv.co.za/revised-commercial-court-practice-directive/ |access-date=2024-05-02 |language=en-ZA}}</ref> the British Virgin Islands,<ref>{{Cite web |last= |title=Eastern Caribbean Supreme Court Civil Procedure Rules, Parts 69 and 70 Commercial Division Rules (Territory of the Virgin Islands) |url=https://cms.eccourts.org/wp-content/uploads/2023/09/Civil-Procedure-Rules-Revised-Edition-2023.pdf}}</ref> St. Lucia,<ref>{{Cite web |title=Eastern Caribbean Supreme Court Rules of Civil Procedure, Part 71 (Commercial Division of St. Lucia) |url=https://cms.eccourts.org/wp-content/uploads/2023/09/Civil-Procedure-Rules-Revised-Edition-2023.pdf}}</ref> Cayman Islands,<ref>{{Cite web |title=Financial Services Division – Cayman Islands Judicial & Legal Website {{!}} An official website of the Cayman Islands Government |url=https://www.judicial.ky/courts/grand-court/financial-services-division |access-date=2024-05-03 |language=en-US}}</ref> Guyana,<ref>{{Cite web |last=Guyana Supreme of Judicature |title=Annual Report 2016 (page 9) |url=https://www.supremecourt.gy/sites/default/files/Annual%20Report%20-%202016.pdf}}</ref> India,<ref>{{Cite web |title=Simplifying The Commercial Courts Act, 2015 - Contracts and Commercial Law - India |url=https://www.mondaq.com/india/contracts-and-commercial-law/1382646/simplifying-the-commercial-courts-act-2015 |access-date=2024-04-29 |website=www.mondaq.com |language=en}}</ref> Japan,<ref>{{Cite web |last=President of the Tokyo District Court Hiraki Masahiro |title=Opening of the Business Court (Oct. 2022) |url=https://www.courts.go.jp/tokyo/vc-files/tokyo/2022/202210.statement-president-of-tokyo-dc.pdf}}</ref><ref>{{Cite news |date=2022-10-11 |title=Japan's 1st 'Business Court' launched in Tokyo in bid to accrue knowledge |url=https://mainichi.jp/english/articles/20221011/p2a/00m/0na/008000c |access-date=2024-04-25 |work=Mainichi Daily News |language=en}}</ref> Malaysia,<ref>{{Cite web |title=Commercial Division, State of Kuala Lumpur |url=https://kl.kehakiman.gov.my/en/pejabat-pendaftaran/commercial-division}}</ref> Thailand,<ref>{{Cite web |date=2023-06-09 |title=Intellectual Property and International Trade Court in Thailand {{!}} Thailand Courts |url=https://www.thailandcourt.com/intellectual-property-and-international-trade-court-in-thailand/ |access-date=2024-05-06 |website=www.thailandcourt.com |language=en-US}}</ref> Kenya,<ref>{{Cite web |last=Dubai |title=DIFC Courts {{!}} MoG between the DIFC Courts and the High Court of Kenya, Commercial & Admiralty Division |url=https://www.difccourts.ae/about/memoranda/judicial/mog-between-the-difc-courts-and-the-high-court-of-kenya-commercial-admiralty-division |access-date=2024-05-09 |website=DIFC Courts |language=en}}</ref> Malawi,<ref>{{Cite web |title=High Court of Malawi Commercial Division |url=https://malawilii.org/judgments/MWCommC/}}</ref> Saudi Arabia,<ref>{{Cite web |last=Albaheth |first=Hamza E. |title=The new Saudi Commercial Courts and Their Jurisdiction over Different Commercial Disputes: Do These new Courts have the Jurisdiction over all Traders' Disputes?, International Journal of Innovation, Creativity, and Change, Vol. 8, Issue 2 (2019) |url=https://www.ijicc.net/images/vol8iss2/8219_Albaheth_2019_E_R.pdf}}</ref> and Croatia.<ref>{{Cite web |title=European e-Justice Portal - National specialised courts |url=https://e-justice.europa.eu/19/EN/national_specialised_courts?CROATIA |access-date=2024-05-02 |website=e-justice.europa.eu}}</ref> |
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Use of the term "international commercial court" can also mean a forum for adjudicating disputes between parties from different nations, and not as a means to reference commercial courts in a country other than the United States. New English language commercial courts have been created in Paris, Frankfurt, the [[Judiciary of the Netherlands|Netherlands]],<ref>{{Cite web|url=http://conflictoflaws.net/2018/doors-open-for-first-hearing-of-international-chamber-at-paris-court-of-appeal/|title=Doors open for First Hearing of International Chamber at Paris Court of Appeal|first=Giesela|last=Ruehl|date=2018-06-05|website=Conflict of Laws|language=en-US|access-date=2019-02-28}}</ref><ref>{{Cite web |date=2018-08-01 |title=Chamber for International Commercial Disputes |url=https://ordentliche-gerichtsbarkeit.hessen.de/landgerichtsbezirk-frankfurt-am-main/landgericht-frankfurt-am-main/chamber-for-international-commercial-disputes |access-date=2019-02-28 |website=Ordentliche Gerichtsbarkeit Hessen |language=de}}</ref><ref>{{Cite web|url=https://netherlands-commercial-court.com/|title=Netherlands Commercial Court|website=Netherlands Commercial Court|language=EN|access-date=2019-02-28}}</ref> Stuttgart and Mannheim, Germany,<ref>{{Cite web |title=Commercial Court Stuttgart {{!}} Mannheim |url=https://www.commercial-court.de/en/}}</ref> [[Singapore International Commercial Court|Singapore]],<ref>{{Cite web |last=Singapore |title=Singapore International Commercial Court |url=https://www.sicc.gov.sg/}}</ref> Abu Dhabi,<ref>{{Cite web |title=ADGM Courts |url=https://www.adgm.com/adgm-courts}}</ref> [[Astana International Financial Centre|Kazakhstan]],<ref>{{Cite web |last=Kazakhstan |title=Astana International Financial Centre Court |url=https://court.aifc.kz/en}}</ref> Qatar,<ref>{{Cite web |title=The Court {{!}} QICDRC |url=https://www.qicdrc.gov.qa/courts/court |access-date=2024-05-10 |website=www.qicdrc.gov.qa}}</ref> and Bahrain.<ref>{{Cite web |date=May 10, 2023 |title=Bahrain International Commercial Court to be established in collaboration with Singapore |url=https://www.bna.bh/en/BahrainInternationalCommercialCourttobeestablishedincollaborationwithSingapore.aspx?cms=q8FmFJgiscL2fwIzON1%2bDnG5GUINMz%2fvRQ%2fKikigu2c%3d}}</ref> This reflects the growth in international commercial courts designed to hear disputes among parties from different nations.<ref>{{Citation |last1=Gu |first1=Weixia |title=The Global Rise of International Commercial Courts: Typology and Power Dynamics |date=2022-04-04 |type=SSRN Scholarly Paper |url=https://papers.ssrn.com/abstract=4074819 |access-date=2024-04-25 |place=Rochester, NY |language=en |last2=Tam |first2=Jacky|ssrn=4074819 }}</ref><ref>{{Cite web |title=Brexit: Europe sees emergence of specialist commercial courts to compete with the UK |url=https://www.ibanet.org/Brexit-Europe-sees-emergence-of-specialist-commercial-courts-to-compete-with-the-UK |access-date=2024-04-25 |website=www.ibanet.org |language=en}}</ref><ref>{{Cite web |last=Shahar Avraham-Giller & Rabeea Assy |title=How Can International Commercial Courts Become an Attractive Option for the Resolution of International Commercial Disputes?, Journal of Dispute Resolution Vol. 2023, Issue 2, Article 6 |url=https://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=1939&context=jdr}}</ref> The [[DIFC Courts]] in Dubai have had an English language international court for nearly two decades.<ref>{{Cite web |title=Law No.12 of 2004 in respect of The Judicial Authority at Dubai International Financial Centre as amended |url=https://www.difccourts.ae/application/files/7515/9465/5050/Dubai12of2004_amended2011.pdf}}</ref> Some international commercial courts include foreign judges with commercial court experience on their bench,<ref>{{Cite web |last=Yip Man & Giesela Rühl |title=Success and Impact of International Commercial Courts: A First Assessment, Yearbook of Private International Law, Yong Pung How School of Law (posted Dec. 20, 2023) |ssrn=4652802 |url=https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4652802}}</ref><ref>{{Cite web |date=2024-01-12 |title=Former U.S. and Australian Judges Appointed to Singapore International Commercial Court – Business Courts Blog |url=https://www.businesscourtsblog.com/former-u-s-and-australian-judges-appointed-to-singapore-international-commercial-court/ |access-date=2024-05-01 |language=en-US}}</ref><ref>{{Cite web |last=Dubai |first=TenTwenty {{!}} Webdesign, Webshops & E.-marketing {{!}} |title=DIFC Courts {{!}} Judges |url=https://www.difccourts.ae/about/court-structure/judges |access-date=2024-05-02 |website=DIFC Courts |language=en}}</ref> for example, former Delaware Vice Chancellor and Supreme Court Justice [[Carolyn Berger]] serving on Singapore's International Commercial Court.<ref>{{Cite web |title=PMO Press Release: Appointments/reappointments to the Singapore International Commercial Court |url=https://www.judiciary.gov.sg/news-and-resources/news/news-details/intranet.judiciary.gov.sg/news-and-resources/news/news-details/pmo-press-release-appointments-reappointments-to-the-singapore-international-commercial-court |access-date=2024-05-02 |website=Default |language=en}}</ref> |
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The Business and Property Courts of England and Wales,<ref>{{Cite web |title=The Business and Property Courts |url=https://www.gov.uk/courts-tribunals/the-business-and-property-courts |access-date=2024-06-14 |website=GOV.UK |language=en}}</ref> located in the [[Rolls Building]], encompass 13 different courts or lists, for example, the Commercial Court,<ref>{{Cite web |title=Commercial Court |url=https://www.gov.uk/courts-tribunals/commercial-court |access-date=2024-06-14 |website=GOV.UK |language=en}}</ref> the Business List,<ref>{{Cite web |title=The Business List |url=https://www.gov.uk/courts-tribunals/the-business-list |access-date=2024-06-14 |website=GOV.UK |language=en}}</ref> and the Intellectual Property Enterprise Court.<ref>{{Cite web |title=Intellectual Property Enterprise Court |url=https://www.gov.uk/courts-tribunals/intellectual-property-enterprise-court |access-date=2024-06-14 |website=GOV.UK |language=en}}</ref> One object of creating this consolidated forum for the business and commercial courts of England and Wales was to maintain the international preeminence of their courts for dispute resolution.<ref>{{Cite web |last=Curry |first=Annalise |date=2017-07-04 |title=Launch of Business and Property Courts |url=https://www.judiciary.uk/launch-of-business-and-property-courts/ |access-date=2024-05-24 |website=Courts and Tribunals Judiciary |language=en-US}}</ref> |
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In 2023, 40% of London's Commercial Court cases involved opposing parties from different nations, and 64% involved a mix of UK parties and international parties.<ref>{{Cite web |last=Ministry of Justice |title=The Business and Property Courts of England and Wales, Cases Issued by List (Powerpoint 2024) |url=https://assets.publishing.service.gov.uk/media/65e8698962ff48001a87b259/BPC_Infographic.pdf}}</ref><ref name="Range of Commercial Court disputes"/> There is a view that the more recently created commercial courts designed to hear disputes between parties of different nations will compete with the London based commercial courts as the preferred litigation forum for international commercial disputes.<ref>{{Cite web |last=Bookman |first=Pamela K. |date=2021-05-18 |title=The London Commercial Court in global context |url=https://portland-communications.com/litigation-and-disputes/the-london-commercial-court-in-global-context/ |access-date=2024-04-29 |website=Portland |language=en}}</ref> In 2017, New York's Commercial Division added a "Large Complex Case List," modeled on the Business and Property Courts' [https://www.gov.uk/courts-tribunals/the-financial-list Financial List] for high stakes commercial litigation, as part of an overall effort to compete with the London based commercial courts as a preferred forum for international litigation.<ref>{{Cite web |title=Commercial Division Advisory Council's Subcommittee on Procedural Rules to Promote Efficient Case Resolution: Proposal for a "Large Complex Case List" for Complex, High Stakes Matters in the Commercial Division (March 3, 2017) |url=https://www.nycourts.gov/LegacyPDFS/RULES/comments/PDF/CommercialDivisionComplexCaseList.pdf}}</ref><ref>{{Cite web |last=Hon. Barry R. Ostrager |title=New York's Commercial Division: The Premier Forum for the Resolution of International Business Disputes, NYSBA Journal (May 7, 2020) |date=7 May 2020 |url=https://nysba.org/new-yorks-commercial-division-the-premier-forum-for-the-resolution-of-international-business-disputes/}}</ref><ref>{{Cite web |title=International Commercial Litigation In New York - Contracts and Commercial Law - United States |url=https://www.mondaq.com/unitedstates/contracts-and-commercial-law/744934/international-commercial-litigation-in-new-york |access-date=2024-05-02 |website=www.mondaq.com |language=en}}</ref> |
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The jurisdictional scope of commercial courts outside the United States<ref>{{Cite web |last=Asian Development Bank |title=Commercial Courts: Exploring Key Models (2022). |url=https://lpr.adb.org/sites/default/files/event/1709/commercial-courts-2411-v2.pdf}}</ref> may have some differences with U.S. state level specialized business and commercial courts. For example, the Business and Property Courts of England and Wales include specialized courts or lists for admiralty,<ref>{{Cite web |title=Admiralty Court |url=https://www.gov.uk/courts-tribunals/admiralty-court |access-date=2024-04-29 |website=GOV.UK |language=en}}</ref> insolvency,<ref>{{Cite web |title=Insolvency List |url=https://www.gov.uk/courts-tribunals/insolvency-list |access-date=2024-04-29 |website=GOV.UK |language=en}}</ref> and patents,<ref>{{Cite web |title=Patents Court |url=https://www.gov.uk/courts-tribunals/patents-court |access-date=2024-04-29 |website=GOV.UK |language=en}}</ref> which in the United States would typically be subject to jurisdiction in federal tribunals, such as the [[United States bankruptcy court|United States Bankruptcy Courts]]<ref>{{Cite web |last=Ronald S. Gellert |title=The Untold Story of the Bankruptcy Courts: A Positive Resource for Business, Business Law Today, Vol. 17, No. 4 (March/April 2008) |url=https://www.americanbar.org/content/dam/aba/publications/blt/2008/03/full-issue-200803.pdf}}</ref> or the [[United States district court|United States District Courts]], and not in specialized state trial level business courts. The scope of any commercial court's jurisdiction may vary between countries.<ref>{{Cite web |last=Asian Bank |title=Commercial Courts: Exploring Key Models (2022). |url=https://lpr.adb.org/sites/default/files/event/1709/commercial-courts-2411-v2.pdf}}</ref> |
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The Standing International Forum of Commercial Courts (SIFoCC) was created in 2016.<ref>{{Cite web |last=Standing International Forum of Commercial Courts |title=About Us |url=https://sifocc.org/about-us/}}</ref> From 2017 through 2024, the SIFoCC has held five full meetings, with dozens of judges from around the world, most recently in April 2024 in Doha, Qatar.<ref>{{Cite web |title=Events – SIFoCC |url=https://sifocc.org/events/ |access-date=2024-05-22 |language=en-GB}}</ref><ref>{{Cite web |title=Reports from SIFoCC Full Meetings – SIFoCC |url=https://sifocc.org/resources/meeting-resources/ |access-date=2024-05-22 |language=en-GB}}</ref><ref>{{Cite web |title=Members – SIFoCC |url=https://sifocc.org/members-partners/members/ |access-date=2024-05-22 |language=en-GB}}</ref><ref>{{Cite web |title=Qatar International Court and Dispute Resolution Centre (QICDRC) successfully launches 5th Full Meeting of SIFoCC This Marks the Largest Gathering of Jurisdictions in Commercial Courts to Date {{!}} QICDRC |url=https://www.qicdrc.gov.qa/media-center/news/qatar-international-court-and-dispute-resolution-centre-qicdrc-successfully |access-date=2024-05-22 |website=www.qicdrc.gov.qa}}</ref> In its 2023 policy resolution, the [[Association of Corporate Counsel]] recognizes and endorses the creation and support of business courts internationally, as well as in the United States.<ref>{{Cite web |last=Campbell |first=Brian |date=2024-04-05 |title=ACC's Evolving Commercial Courts Leadership |url=https://docket.acc.com/accs-evolving-commercial-courts-leadership |access-date=2024-04-28 |website=ACC Docket |language=en}}</ref> |
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==Technology Disputes & Cyber Courts== |
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In the United States and internationally, "[t]he notion of specialized courts to decide technology disputes has a rich history with noteworthy milestones."<ref>{{Cite web |last=Lawrence M. Sung |title=Strangers in a Strange Land: Specialized courts resolving patent disputes, Business Law Today, Vol. 17, No. 4 (March/April 2008) |url=https://www.americanbar.org/content/dam/aba/publications/blt/2008/03/full-issue-200803.pdf}}</ref> |
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Some states have established specialized business and commercial courts that include technology disputes as part of their express jurisdiction.<ref>Jacob A. Sommer, [https://scholarship.law.vanderbilt.edu/cgi/viewcontent.cgi?article=1752&context=vlr Business Litigation and Cyberspace: Will Cyber Courts Prove and Effective Tool for Luring High-Tech Business Into Forum States, 56 Vanderbilt Law Review 561 (2003)]</ref> Through legislative effort and court rule, in 2003, Maryland established a Business and Technology Case Management Program.<ref>{{Cite web |title=Maryland Business and Technology Case Management Program (BTCMP) {{!}} Maryland Courts |url=https://www.courts.state.md.us/businesstech |access-date=2024-05-27 |website=www.courts.state.md.us}}</ref> In May 2003, [[Delaware]] expanded the [[Delaware Court of Chancery|Court of Chancery's]] jurisdiction to include technology disputes (10 Del. C. § 346).<ref name="delcode.delaware.gov"/> West Virginia's Business Court Division Rule 24.09<ref>{{Cite web |title=West Virginia Business Case Division Rule 29.04, Definitions |url=https://www.courtswv.gov/legal-community/court-rules/wv-trial-court-rules-contents#rule2904}}</ref> includes technology issues. The Tennessee's Business Court Docket encompasses technology and biotechnology licensing.<ref>{{Cite web|url=https://chanceryclerkandmaster.nashville.gov/wp-content/uploads/Guide-to-the-Business-Court-Docket-Phase-2-1.pdf|title=Tennessee Business Court Docket Guidelines Phase 2|last=|first=|date=|website=|url-status=live|archive-url=https://web.archive.org/web/20200125182326/https://chanceryclerkandmaster.nashville.gov/wp-content/uploads/Guide-to-the-Business-Court-Docket-Phase-2-1.pdf |archive-date=2020-01-25 |access-date=}}</ref> North Carolina's Business Court jurisdiction includes computer software, information technology and systems, data and data system security, biotechnology and bioscience technology.<ref>{{Cite web |last= |first= |date= |title=N.C.G.S. § 7A‑45.4. Designation of complex business cases |url=https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_7A/GS_7A-45.4.html#:~:text=%C2%A7%207A%E2%80%9145.4.%20Designation%20of%20complex%20business%20cases.%20%28a%29,material%20issue%20related%20to%20any%20of%20the%20following%3A |archive-url= |archive-date= |access-date= |website=}}</ref> Michigan's business court jurisdiction (MCL Sec. 600.8031(2)(b)) includes disputes "involving information technology, software, or website development, maintenance, or hosting...."<ref>{{Cite web |title=MCL - Section 600.8031 - Michigan Legislature |url=https://legislature.mi.gov/Laws/MCL?objectName=MCL-600-8031 |access-date=2024-04-28 |website=legislature.mi.gov}}</ref> Wyoming Chancery Court Rule 2(b)(17) provides jurisdiction over disputes "concerning a digital asset registered under W.S. § 34‑29‑201 through 34‑29‑209<ref>{{Cite web |last=Kurtin |first=Kurtin PLLC-Owen D. |date=2022-01-18 |title=Wyoming's Digital Assets Law and How to Use it |url=https://www.lexology.com/library/detail.aspx?g=72a5d03a-98c2-45d5-8bdd-ff98ac7b9730 |access-date=2024-05-03 |website=Lexology |language=en}}</ref>...."<ref>{{Cite web |title=Wyoming Rules of Civil Procedure for the Chancery Court |url=https://www.courts.state.wy.us/wp-content/uploads/2021/09/Wyoming-Rules-of-Civil-Procedure-for-the-Chancery-Court-Eff-July-2024.pdf}}</ref> New York Commercial Division Rule 202.70(b)(1), was amended in 2024 to expressly include "technology transactions and/or commercial disputes involving or arising out of technology".<ref>{{Cite web |date=February 14, 2024 |title=Administrative Order of the Chief Administrative Judge of the Courts (New York) |url=https://www.nycourts.gov/LegacyPDFS/RULES/trialcourts/AO%2077.24_202.70%20Rules%20of%20the%20Commercial%20Div..pdf}}</ref> This amendment is intended to make clear that New York is as experienced in handling technology as any other state's courts.<ref>{{Cite web |date=October 5, 2023 |title=Memorandum regarding Request for Public Comment on Amending 22 NYCRR § 202.70(b)(1) to Add a Reference to Technology in the Description of Commercial Cases |url=https://www.nycourts.gov/LegacyPDFS/rules/comments/pdf/RPC-Commercial-Division-Rules-technology.pdf}}</ref> |
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There are also examples of international courts expressly addressing technology disputes as part of their jurisdiction. Singapore's International Commercial Court (Practice Direction XXIV) includes a Technology, Infrastructure, and Construction List.<ref>{{Cite web |title=Singapore Internataional Commercial Court Practice Directions (Part XXIV) |url=https://www.judiciary.gov.sg/docs/default-source/news-and-resources-docs/sicc-practice-directions119bfa97ac6341a6ae26c23bd84d9662.pdf?sfvrsn=7ff8bb53_2}}</ref> In 2024, [https://www.courts.ie/commercial-court the Commercial Court, within Ireland's High Court], was in the process of developing "a specialist sub-list called the Intellectual Property and Technology List with specialist judges from the Commercial Court." The Victoria, Australia Commercial Court expressly includes jurisdiction over "Proceedings relating to technology, engineering and/or construction...."<ref>{{Cite web |title=Commercial Court |url=http://www.supremecourt.vic.gov.au/areas/commercial-court |access-date=2024-04-28 |website=The Supreme Court of Victoria |language=en}}</ref> The DIFC Courts Technology and Construction Division has jurisdiction over, among other things, "claims relating to the design, supply and/or installation of computers, computer software and related network and information technology systems and services...."<ref>{{Cite web |last= |first= |title=DIFC Courts {{!}} Part 56, Technology and Construction Division Rules |url=https://www.difccourts.ae/rules-decisions/rules/part-56 |access-date=2024-05-04 |website=DIFC Courts |language=en}}</ref> |
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Some jurisdictions emphasized the idea that newly created business courts would make use of cutting edge technologies in handling business litigation, becoming so-called "cyber courts"<ref>{{Cite journal |last=Sommer |first=Jacob |date=2003-03-01 |title=Business Litigation and Cyberspace: Will Cyber Courts Prove an Effective Tool for Luring High-Tech Business into Forum States? |url=https://scholarship.law.vanderbilt.edu/vlr/vol56/iss2/3 |journal=Vanderbilt Law Review |volume=56 |issue=2 |pages=561}}</ref><ref>{{Cite web |last=Freeman |first=Edward H. |title=Cybercourts and the Future of Justice, Information Systems Security, Legall Speaking (March/April 2005) |url=https://www.researchgate.net/publication/220450093}}</ref><ref>{{Cite web |last=Ponte |first=Lucille M. |title=Michigan Cyber Court: A Bold Experiment in the Development of the First Public Virtual Courthouse, North Carolina Journal of Law and Technology, Vol. 4 Issue 1 (Fall 2002) |url=https://scholarship.law.unc.edu/cgi/viewcontent.cgi?article=1050&context=ncjolt}}</ref> For example, North Carolina's Business Court was an early proponent of electronic filing and high-tech courtrooms.<ref>{{Cite web |last=Hon. Ben F. Tennille and Corrine B. Jones |title=Developments and the North Carolina Business Court, Future Trends in State Courts 90 (National Center for State Courts 2010) |url=https://www.bing.com/ck/a?!&&p=d1f2d83f315c3641JmltdHM9MTcxNDM0ODgwMCZpZ3VpZD0xZGJjZGYwZC0yY2RhLTY4ZTctMzZjNy1jYjYyMmQxYTY5ZTImaW5zaWQ9NTIwOQ&ptn=3&ver=2&hsh=3&fclid=1dbcdf0d-2cda-68e7-36c7-cb622d1a69e2&psq=Developments+and+the+North+Carolina+Business+Court%2c+Future+Trends+in+State+Courts+90+(National+Center+for+State+Courts+2000)&u=a1aHR0cHM6Ly9uY3NjLmNvbnRlbnRkbS5vY2xjLm9yZy9kaWdpdGFsL2FwaS9jb2xsZWN0aW9uL3RyYWZmaWMvaWQvNTMvZG93bmxvYWQ&ntb=1}}</ref> New York's Commercial Division created "Courtroom 2000" making various technologies available for use by the courts and parties, while also serving as "a technological laboratory" for later use in all of New York's state courts.<ref>{{Cite web |title=Courtroom for the New Millennium {{!}} NYCOURTS.GOV |url=https://ww2.nycourts.gov/courts/comdiv/ny/newyork_millennium.shtml |access-date=2024-04-29 |website=ww2.nycourts.gov}}</ref> The use of technology in case management may be especially apt in international commercial courts, with litigation between parties from different nations.<ref>{{Citation |last=Ortolani |first=Pietro |title=The Use of Technology at International Commercial Courts |date=2022 |work=International Commercial Courts: The Future of Transnational Adjudication |pages=335–360 |editor-last=Dimitropoulos |editor-first=Georgios |url=https://www.cambridge.org/core/books/international-commercial-courts/use-of-technology-at-international-commercial-courts/798CDF1EA3CD8E4AB9248EFB225A5C7B |access-date=2024-04-29 |series=Studies on International Courts and Tribunals |place=Cambridge |publisher=Cambridge University Press |isbn=978-1-316-51925-7 |editor2-last=Brekoulakis |editor2-first=Stavros}}</ref> For example, the ADGM Courts in Abu Dhabi self-describe as "the world's first end-to-end, fully digital courts platform...."<ref>{{Cite web |title=ADGM Courts, Digital Approach |url=https://www.adgm.com/adgm-courts/digital-approach}}</ref> |
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== Entities and Committees Involved in Developing and Maintaining Business Courts == |
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The history of business and commercial courts in the United States provides considerable examples of task forces, advisory bodies, bar associations and other entities involved in their creation, development and refinement, and in providing education on their operations. |
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=== Entities created by or with courts, legislature or executive branch of government === |
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A number of business courts were created after studies carried out by task forces preceding a business court's creation. For example, North Carolina's Governor established the North Carolina Commission on Business Laws and the Economy,<ref>{{Cite web |title=North Carolina General Rule of Practice for the Superior and District Courts 2.2, Comment |url=https://www.nccourts.gov/assets/inline-files/General-Rules-of-Practice-for-the-Superior-and-District-Courts-Codified-13-February-2023.pdf?VersionId=bACZb.z5JPisHiHnqw2cDC5ZLBdW9Tyn?VersionId=bACZb.z5JPisHiHnqw2cDC5ZLBdW9Tyn}}</ref> New York Chief Judge [[Judith Kaye|Judith S. Kaye]] created a Commercial Courts Task Force,<ref>{{Cite web |last=Haig |first=Robert L. |title=Can New York's New Commercial Division Resolve Business Disputes As Well As Anyone?, Touro Law Review, Vol. 13 No. 1, page 194 (1996) |url=https://digitalcommons.tourolaw.edu/cgi/viewcontent.cgi?article=1633&context=lawreview}}</ref> a Nevada Legislative Commission formed a Subcommittee to Encourage Corporations and Other Business Entities to Organize and Conduct Business in this State,<ref>{{Cite web |title=Minutes of the Meeting of the Legislative Commission's Subcommittee to Encourage Business Corporations and Other Business Entities to Organize and Conduct Business in this State, Las Vegas (November 19, 1999) |url=https://www.leg.state.nv.us/App/InterimCommittee/REL/Document/18847}}</ref> Maryland's General Assembly created a Business and Technology Court Task Force,<ref>{{Cite web|title=Maryland Business and Technology Court Task Force Report, Created by House Bill 15, Chapter 10 of the Maryland Acts of 2000|url=https://businesscourtsblog.com/wp-content/uploads/2019/01/Maryland-2000-01545781xB05D9.pdf|website=Business Courts Blog - Mantese Honigman Associates}}</ref> and the [[South Carolina Bar]], with [[South Carolina Supreme Court]] approval, created a Task Force on Courts.<ref>{{Cite web|title=Report of the South Carolina Bar's Task Force on Courts re: The Creation of a Business Court Pilot Program|date=August 1, 2007|url=https://businesscourtsblog.com/wp-content/uploads/2019/01/South-Carolina-2007-01545791xB05D9.pdf|website=Business Courts Blog - Mantese Honigman Associates}}</ref> Other examples of states creating task forces to study and make recommendations concerning the implementation of business courts include, among others, Maine,<ref>{{Cite book |last=Lee Applebaum, Mitchell L. Bach, Beth I.Z. Boland, Brandon L. Bigelow, Jillian S. Folger-Hartwell, Erika C. Lazar, Eric G. Orlinsky, Damon A. Brown, Lewis M. Smoley, Donalt J. Eglington and E. Bradley Evans |title=Annual Review of Developments in Business and Corporate Litigation, Volume 1, Chapter 5, § 5.2.2, ABA Section of Business Law Committee on Business and Corporate Litigation |publisher=American Bar Association |year=2007 |isbn=978-1-59031-863-8 |pages=153–154}}</ref> Indiana,<ref>{{Cite web |title=Indiana Commercial Courts Handbook, History of the Indiana Commercial Court, pp. 6-9 (January 31, 2023) |url=https://www.in.gov/courts/iocs/files/comm-ct-handbook.pdf}}</ref> Michigan,<ref>{{Cite web |title=State Bar of Michigan Judicial Crossroads Task Force, Report of the Business Impact Committee, Meeting Minutes |url=https://www.michbar.org/file/judicialcrossroads/businessimpactcommitteeminutes.pdf}}</ref> West Virginia,<ref>{{Cite web |last=West Virginia Independent Commission on Judicial Reform |title=Final Report (November 15, 2009) |url=https://www.michbar.org/file/judicialcrossroads/businessimpactcommitteeminutes.pdf}}</ref> Arizona,<ref>{{Cite web |last= |title=Supreme Court of Arizona Business Court Advisory Committee, Report to the Arizona Judicial Council (December 11, 2014) |url=https://businesscourtsblog.com/wp-content/uploads/2019/01/Arizona-2014-01545800xB05D9.pdf}}</ref> Georgia,<ref>{{Cite web |title=State of Georgia Court Reform Council, submitted to Governor Nathan Deal (November 20, 2017) |url=https://georgiabusinesscourt.com/wp-content/uploads/2020/07/FINAL-REPORT_Court-Reform-Council.pdf}}</ref> Iowa,<ref>{{Cite web |title=Reforming the Iowa Civil Justice System, Report of the Iowa Civil Justice Reform Task Force (November 30, 2012) |url=https://www.iowacourts.gov/static/media/cms/FINAL03_22_12_0E9941AE5D491.pdf}}</ref> New Jersey,<ref>{{Cite web |title=REPORT OF THE WORKING GROUP ON BUSINESS LITIGATION (March 2014) |url=https://www.njcourts.gov/sites/default/files/sccr/reports/businesslitigation2014.pdf}}</ref> Ohio,<ref>{{Cite web |title=Report and Recommendation of the Supreme Court of Ohio Task Force on Commercial Dockets (December 2011) |url=https://www.supremecourt.ohio.gov/docs/Boards/commDockets/Report.pdf}}</ref> Delaware,<ref>{{Cite web |title=Special Committee on Superior Court Business/Complex Litigation, Report and Recommendations (June 2, 2009) |url=https://businesscourtsblog.com/wp-content/uploads/2019/01/Delaware-2009-01545780xB05D9.pdf}}</ref> Mississippi<ref>{{Cite web |title=Business Courts {{!}} Michael Watson Secretary of state |url=https://www.sos.ms.gov/policy-research/business-courts |access-date=2024-05-23 |website=www.sos.ms.gov}}</ref> (no court created), Texas,<ref>{{Cite web |title=Texas Judicial Council Civil Justice Committee, Report and Recommendations 2022 |url=https://www.businesscourtsblog.com/wp-content/uploads/2023/01/01860474.pdf}}</ref> and Oklahoma (May 2024).<ref>{{Cite web |date=May 29, 2024 |title=Oklahoma Enrolled Senate Bill No. 473, Subject: Business Courts |url=http://webserver1.lsb.state.ok.us/cf_pdf/2023-24%20ENR/SB/SB473%20ENR.PDF}}</ref> |
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Other groups have studied and reported on operations and practices in functioning business and commercial courts, to provide information and/or recommendations. Massachusetts, Superior Court Chief Justice Suzanne V. DelVecchio<ref>{{Cite web |title=Lawyers Journal-2014-June |url=https://www.massbar.org/publications/lawyers-journal/lawyers-journal-article/lawyers-journal-2014-june/delvecchio-stevens-honored-at-excellence-in-the-law |access-date=2024-05-10 |website=www.massbar.org}}</ref> created a Business Litigation Resource Committee.<ref>{{Cite web |last= |title=Business Litigation Resource Committee, The Business Litigation Session in the Massachusetts Superior Court: A Status Report (February 2033) |url=https://businesscourtsblog.com/wp-content/uploads/2019/01/Mass-2003-01545783xB05D9.pdf}}</ref> Arizona's Supreme Court created the Commercial Court Review Committee.<ref>{{Cite web |title=Commercial Court Review Committee, Report to the Arizona Judicial Council (June 18, 2018) |url=https://www.ncsc.org/__data/assets/pdf_file/0020/25355/azccrcreport.pdf}}</ref> Iowa's State Court Administration has made annual reviews of the Iowa Business Specialty Court .<ref>{{Cite web |title=Iowa Business Specialty Court |url=https://www.iowacourts.gov/iowa-courts/district-court/iowa-business-specialty-court/ |access-date=2024-05-07 |website=www.iowacourts.gov |language=en-us}}</ref> Tennessee's Supreme Court created a Business Court Docket Advisory Commission.<ref>{{Cite web |title=Business Court Docket Advisory Commission {{!}} Tennessee Administrative Office of the Courts |url=https://www.tncourts.gov/node/5022827 |access-date=2024-05-07 |website=www.tncourts.gov}}</ref> The North Carolina Administrative Office of the Courts submits annual reports on the North Carolina Business Court.<ref>{{cite web |date=February 1, 2024 |title=Report on the North Carolina Business Court |url=https://www.nccourts.gov/assets/documents/publications/Business-Court-Report-20240201.pdf |publisher=North Carolina Administrative Office of the Courts}}</ref> West Virginia's Business Court Division makes annual reports.<ref>{{Cite web |title=West Virginia Business Court Division Annual Reports |url=https://www.courtswv.gov/lower-courts/business-court-division/annual-reports}}</ref> Wisconsin's Supreme Court created the Business Courts Advisory Committee.<ref>{{Cite web |title=Wisconsin Court System - For attorneys - Commercial Docket Pilot Project |url=https://www.wicourts.gov/services/attorney/comcourtpilot.htm |access-date=2024-05-07 |website=www.wicourts.gov}}</ref> In 2023, Utah's Supreme Court created an Advisory Committee on the Rules of Business and Chancery Procedure.<ref>{{Cite web |title=Meeting Minutes, Utah Supreme Court Advisory Committee on Rules of Business and Chancery Procedure (July 13, 2023) |url=https://legacy.utcourts.gov/utc/business-chancery/wp-content/uploads/sites/54/2023/07/minutes-20230713-approved.pdf}}</ref><ref>{{Cite web |title=Rules of Business and Chancery Court – Utah Court Rules – Published for Comment |url=https://legacy.utcourts.gov/utc/rules-comment/category/rules-of-business-and-chancery-court/ |access-date=2024-05-10}}</ref> |
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Some councils and committees take an active role in business courts' ongoing operations. In 2013, New York Court of Appeals Chief Judge [[Jonathan Lippman]] established the New York Commercial Division Advisory Council (CDAC) to implement an earlier task force's recommendations.<ref>{{Cite web |last=Hon. Gail A. Prudenti, Chief Administrative Judge |title=Chief Judge Names Members of Commercial Division Advisory Council, Press Release (March 26, 2013) |url=https://ww2.nycourts.gov/sites/default/files/document/files/2018-05/PR13_05.pdf}}</ref> The CDAC "is composed of distinguished commercial practitioners and Judges from around the state and [has been] chaired by Robert L. Haig, Esq. [since its inception]."<ref>{{Cite web |title=Commercial Division - NY Supreme Court, History |url=https://ww2.nycourts.gov/courts/comdiv/history.shtml}}</ref><ref>{{Cite web |date=2023-09-25 |title=Robert L. Haig |url=https://www.kelleydrye.com/people/robert-l-haig |access-date=2024-05-07 |website=Kelley Drye & Warren LLP |language=en}}</ref> In addition to providing education about the Commercial Division,<ref>{{Cite web |date=2024-01-23 |title=New York Commercial Division Advisory Council Lecture Series – Business Courts Blog |url=https://www.businesscourtsblog.com/commercial-division-advisory-council-lecture-series/ |access-date=2024-05-07 |language=en-US}}</ref> the CDAC has regularly recommended Commercial Division rule changes that have been adopted after an opportunity for public comment.<ref>{{Cite web |date=2023-01-06 |title=Seven 2022 New York Commercial Division Posts Re: (1) ESI (2) Discovery Overhaul (3) Benefits of Commercial Division (4) Unnecessary Adjournments; Pleading Practice (5) Virtual Hearings and Bench Trials (6) Motions in Limine and (7) Video Deposition Objections; Pre-Marking Exhibits – Business Courts Blog |url=https://www.businesscourtsblog.com/2022-new-york-commercial-division-posts/ |access-date=2024-05-07 |language=en-US}}</ref><ref>{{Cite web |title=Advisory Council Proposes a Series of Commercial Division Rule Changes |url=https://www.jdsupra.com/legalnews/advisory-council-proposes-a-series-of-99822/ |access-date=2024-05-27 |website=JD Supra |language=en}}</ref> Indiana's Commercial Courts Working Group evolved into the Commercial Courts Committee which has been intimately involved with developing Indiana's Commercial Court Pilot Program and permanent courts.<ref>{{Cite web |title=In re Indiana Commercial Courts, Supreme Court Case No. 19S-MS-295 (May 16, 2019) |url=https://www.businesscourtsblog.com/wp-content/uploads/2019/05/Order-Making-Commercial-Courts-Permanent-01593987xB05D9.pdf}}</ref> |
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International examples include, among others, the DIFC Courts' "Court Users Committee"<ref>{{Cite web |last= |first= |title=DIFC Courts {{!}} Court Users' Committee |url=https://www.difccourts.ae/about/committees/court-users-committee |access-date=2024-05-09 |website=DIFC Courts |language=en}}</ref> and Rules Committee,<ref>{{Cite web |last= |first= |title=DIFC Courts {{!}} Rules Committee |url=https://www.difccourts.ae/about/committees/rules-committee |access-date=2024-05-09 |website=DIFC Courts |language=en}}</ref> Scotland's Consultive Committee on Commercial Actions,<ref>{{Cite web |title=Commercial Actions |url=https://www.scotcourts.gov.uk/the-courts/supreme-courts/commercial-actions |access-date=2024-05-09 |website=www.scotcourts.gov.uk}}</ref> the Singapore International Commercial Courts Committee,<ref>{{Cite web |title=Report of the Singapore International Commercial Courts Committee (November 2013) |url=https://www.judiciary.gov.sg/docs/default-source/sicc-docs/news-and-articles/-report-of-the-singapore-international-commercial-court-committee-_90a41701-a5fc-4a2e-82db-cc33db8b6603-1.pdf}}</ref> Rwanda's Business Law Reform Cell,<ref>{{Cite web |last=Hertveld |first=Sabine |title=World Bank Group, Celebrating Reform 2008, Doing Business Case Studies, Rwanda, Pragmatism leads the way in setting up specialized commercial courts, page 84 |url=https://openknowledge.worldbank.org/server/api/core/bitstreams/c9e1db95-a855-5782-94d8-3b5824791549/content}}</ref> and Kenya's Business Court Users Committee.<ref>{{Cite web |date=2015-11-12 |title=NCAJ Launches Business Court Users Committee |url=https://sokodirectory.com/2015/11/ncaj-launches-business-court-users-committee/ |access-date=2024-05-09 |website=Soko Directory}}</ref> |
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=== Entities related to bar associations === |
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Bar associations are also involved. The Philadelphia Bar Association's Business Litigation Committee plays a role in selecting lawyers as ''Judges Pro Tempore'' to serve as court appointed neutrals in Philadelphia Commerce Court cases.<ref name=":2" /> The Chicago Bar Association created its Commercial Litigation Committee "to promote discourse between judges and lawyers who handle business-related disputes" with an initial focus on the Law Division's Commercial Calendars.<ref>{{Cite news |last=Lasker |first=Adam W. |date=January 8, 2003 |title=Bar launching committee on commercial litigation |work=Chicago Daily Law Bulletin |pages=1}}</ref> The Boston Bar Association's Business and Commercial Litigation Section holds an annual event, "Business Litigation Session Year in Review", where lawyers hear directly from Business Litigation Session judges.<ref>{{Cite web |title=Business and Commercial Litigation |url=https://bostonbar.org/sections/business-and-commercial-litigation/ |access-date=2024-05-07 |website=Boston Bar Association |language=en-US}}</ref> The Florida Bar's Business Law Section has a Business Courts Task Force.<ref>{{Cite web |title=Business Courts Task Force |url=https://flabizlaw.org/committees-task-forces/task-forces/business-courts-task-force/ |access-date=2024-05-07 |website=Business Law Section of The Florida Bar |language=en-US}}</ref> The Ohio State Bar Association's Corporation Law Committee urged a detailed resolution to expand the Commercial Docket statewide.<ref>{{Cite web |title=Ohio State Bar Association, Council of Delegates Meeting, Report of the Corporation Law Committee, p. 37 (May 10, 2019) |url=https://www.ohiobar.org/globalassets/home/about-the-osba/osba-leadership/council-of-delegates/cod-past-reports/2019/council-of-delegates-book-for-05-10-19-meeting-2.pdf}}</ref> The Kentucky Bar Association's Business Law Section put on early programming about Kentucky's newly established business court.<ref>{{Cite web |title=Business Courts: They Are Coming To Kentucky (Part I) (June 14, 2019) |url=https://cdn.ymaws.com/www.kybar.org/resource/resmgr/2019_convention/materials/business_courts_-__part_i.pdf}}</ref><ref>{{Cite web |title=Business Courts: They Are Coming To Kentucky (Part II) (June 14, 2019) |url=https://cdn.ymaws.com/www.kybar.org/resource/resmgr/2019_convention/materials/business_courts_-__part_ii.pdf}}</ref> |
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The [[American Bar Association]] has a long history in supporting the development of business courts,<ref>{{Cite journal |last=Yates |first=Hon. Christopher P. |date=Summer 2020 |title=The ABA's Contribution to the Development of Business Courts in the United States |url=https://s3.amazonaws.com/cdn.kelleydrye.com/content/uploads/attachments/The-Business-Lawyer-Summer-2020.pdf |journal=The Business Lawyer |volume=75 |pages=2077–2084}}</ref><ref>{{Cite web |date=2019-01-30 |title=ABA Section of Business Law and Business Courts: A 25 Year Connection – Business Courts Blog |url=https://www.businesscourtsblog.com/aba-section-of-business-law-and-business-courts-a-25-year-connection/ |access-date=2024-05-18 |language=en-US}}</ref> including, among other things, the creation of an Ad Hoc Committee on Business Courts in the 1990s,<ref>{{Cite journal |last= |date=1997 |title=ABA Ad Hoc Committee on Business Courts, Towards a More Efficient Judiciary |journal=The Business Lawyer |volume=52 |pages=947}}</ref> which evovled into the permanent Business Courts Subcommittee<ref>{{Cite web |title=ABA Business Law Section, Business and Corporate Litigation Subcommittees |url=https://www.americanbar.org/groups/business_law/about/committees/business-and-corporate-litigation/subcommittees/}}</ref> within the Business Law Section's Business and Corporate Litigation Committee; the development of a Business Court Representatives Program;<ref>{{Cite web |title=ABA Business Law Section, Business Court Representatives |url=https://www.americanbar.org/groups/business_law/about/awards-initiatives/business-court-representatives/}}</ref> and a clerkship program placing law students with business court judges for summer clerkships.<ref>{{Cite web |title=ABA Business Law Section, Diversity Clerkship Program |url=https://www.americanbar.org/groups/business_law/about/awards-initiatives/diversity/}}</ref> The Business Law Section's Judges Initiative Committee was inspired by North Carolina Business Court Judge [[Ben F. Tennille]] (as was the Business Court Representatives Program), who served as its first judicial co-chair.<ref name=":3">{{Cite journal |last=Yates |first=Hon. Christopher P. |date=2020 |title=The ABA's Contribution to the Development of Business Courts in the United States |journal=The Business Lawyer |volume=75 |issue=2077–2079}}</ref> South Carolina Business Court Judge Clifton Newman, Michigan Business Court Judge Christopher P. Yates, and New York Commercial Division Judge Timothy Driscoll have also served as Judges Initiative Committee co-chairs.<ref>{{Cite web |date=2019-01-30 |title=ABA Section of Business Law and Business Courts: A 25 Year Connection – Business Courts Blog |url=https://www.businesscourtsblog.com/aba-section-of-business-law-and-business-courts-a-25-year-connection/ |access-date=2024-05-18 |language=en-US}}</ref><ref>{{Cite web |title=Christopher P. Yates, Author at Business Law Today from ABA |url=https://businesslawtoday.org/author/christopher-p-yates/ |access-date=2024-05-18 |website=Business Law Today from ABA |language=en}}</ref><ref>{{Cite web |title=2023-2024 BLS Leadership Directory - Airtable Universe |url=https://www.airtable.com/universe/expIFz9t5g8sSfNAX/2023-2024-bls-leadership-directory |access-date=2024-05-18 |website=Airtable |language=en}}</ref> |
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=== Private entities === |
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Private entities have also carried out implementation or operational studies at the behest of courts, for example, the Institute for the Advancement of the American Legal System<ref>{{Cite web |title=Homepage {{!}} IAALS |url=https://iaals.du.edu/ |access-date=2024-05-07 |website=iaals.du.edu}}</ref> studies and reports for Colorado's pilot business courts (Civil Access Pilot Project),<ref>{{Cite web |title=Colorado Civil Access Pilot Project {{!}} IAALS |url=https://iaals.du.edu/tags/colorado-civil-access-pilot-project |access-date=2024-05-07 |website=iaals.du.edu}}</ref> the [[National Center for State Courts]] Commercial Court Evaluation for the Superior Court of Arizona in Maricopa County<ref>{{Cite web |last=Hannaford-Agor |first=Paula |title=Superior Court of Arizona in Maricopa County, Commercial Court Evaluation, Final Report (December 2018) |url=https://iaals.du.edu/sites/default/files/documents/publications/az_commercial_court_ncsc_evaluation_12-12-18.pdf}}</ref> and its study of civil programs in Philadelphia's Court of Common Pleas (including its Commerce Court),<ref>{{Cite web |last=David C. Steelman & Richard Van Duizend |title=Civil Programs in the Philadelphia Court of Common Pleas, Final Report, National Center for State Courts (September 2004) |url=https://www.courts.phila.gov/pdf/report/NSCS-Civil-Final-Report.pdf}}</ref> a private firm study to create a business court in Atlanta (Fulton County Superior Court),<ref>{{Cite journal |last=Aequitas |date=December 6, 2002 |title=Georgia Business Court Feasibility Study – The Way Forward and Best Practices in Other States |journal=Tim Dibble & Geoff Gallas, Best Practices in U.S. Business Courts, Court Manager, Vol. 19 Issue 2 (2004)}}</ref> and a good government group's (The [[Committee of Seventy]]) study of Philadelphia's Commerce Case Management Program.<ref>{{Cite web |title=The Committee of Seventy, Study and Analysis of the Philadelphia Commerce Program (January 2005) |url=https://businesscourtsblog.com/wp-content/uploads/2019/01/Philadelphia-2005-01545790xB05D9.pdf}}</ref> The National Center for State Courts, working with the Tennessee Administrative Office of the Courts, also has developed a curriculum and faculty guide for creating business courts.<ref>{{Cite web |date=2020-10-26 |title=National Center for State Courts and Tennessee AOC have Developed a Training Curriculum and Faculty Guide for Business Courts – Business Courts Blog |url=https://www.businesscourtsblog.com/national-center-for-state-courts-and-tennessee-aoc-have-developed-a-training-curriculum-and-faculty-guide-for-business-courts/ |access-date=2024-05-07 |language=en-US}}</ref> |
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The American College of Business Court Judges was established in 2005.<ref>{{Cite web |title=American College of Business Court Judges |url=https://masonlec.org/divisions/mason-judicial-education-program/american-college-business-court-judges/}}</ref> Since 1996, the [[Association of Corporate Counsel]] has endorsed the creation of business courts in the United States where appropriate.<ref>{{Cite web |last=Association of Corporate Counsel |title=Business Courts |url=https://www.acc.com/sites/default/files/resources/advocacy/723098_1.pdf}}</ref> |
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== Business Courts and Alternative Dispute Resolution == |
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The significant relationship between business courts and [[Alternative dispute resolution|Alternative Dispute Resolution]] (ADR), such as [[mediation]], neutral evaluation,<ref>{{Cite web |title=Early Neutral Evaluation (ENE) {{!}} United States District Court, Northern District of California |url=https://cand.uscourts.gov/about/court-programs/alternative-dispute-resolution-adr/early-neutral-evaluation-ene/ |access-date=2024-04-30 |language=en-US}}</ref> and [[arbitration]], is well recognized, both in seeing business courts as a competitor forum with arbitration, and in using ADR as a complementary adjunct to the litigation process.<ref>{{Cite web |date=2023-05-22 |title=ADR Rules in Business Courts – Business Courts Blog |url=https://www.businesscourtsblog.com/adr-rules-in-business-courts/ |access-date=2024-04-30 |language=en-US}}</ref><ref>{{Cite journal |last1=Tennille |first1=Bejamin |last2=Applebaum |first2=Lee |last3=Nees |first3=Anne |date=2012-02-23 |title=Getting to Yes in Specialized Courts: The Unique Role of ADR in Business Court Cases |url=https://digitalcommons.pepperdine.edu/drlj/vol11/iss1/3 |journal=Pepperdine Dispute Resolution Law Journal |volume=11 |issue=1 |issn=1536-3090}}</ref><ref>[https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1877968 Christopher R. Drahozal, Business Courts and the Future of Arbitration, 10 Cardozo Journal of Conflict Resolution 491 (2009)]</ref> Thus, for example, New York Commercial Division Rule 3 allows for court appointed mediators and neutral evaluators,<ref>{{Cite web |title=PART 202. Uniform Civil Rules For The Supreme Court & The County Court {{!}} NYCOURTS.GOV |url=https://ww2.nycourts.gov/rules/trialcourts/202.shtml#70 |access-date=2024-04-30 |website=ww2.nycourts.gov}}</ref> Philadelphia's Commerce Case Management Program creates an alternative dispute resolution program using [[Pro tempore|Judges Pro Tempore]] in mandated settlement conferences, and discretionary referrals to private mediation,<ref name=":2">{{Cite web |title=IN THE COURT COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION – CIVIL Administrative Docket No. 01 of 2016 In re: Commerce Case Management Program - Revised |url=https://www.courts.phila.gov/pdf/regs/2016/cp-aj-ad-01-2016.pdf}}</ref> The North Carolina Business Court Rules address mandatory mediation,<ref>{{Cite web |title=North Carolina Business Court Rule 11 |url=https://www.nccourts.gov/assets/inline-files/Business-Court-Rules-Codified-16-February-2023.pdf?VersionId=OiJZZzkNAcIBTRtd9eUvXCmCivIIfULY?VersionId=OiJZZzkNAcIBTRtd9eUvXCmCivIIfULY}}</ref> and Florida's Ninth Judicial Circuit Business Court Procedures, Section 8, requires mandatory ADR, and addresses non-binding arbitration as well as mediation.<ref>{{Cite web |title=Florida Ninth Judicial Circuit Business Court Procedures |url=https://ninthcircuit.org/sites/default/files/Business-Court-Procedures.pdf}}</ref> The [[Michigan Supreme Court]] business court case management standards emphasize early mediation.<ref>{{Cite web |title=Michigan Supreme Court, Order, Administrative Order No. 2013-6, Implementation of Business Court Standards (June 5, 2013) |url=https://www.courts.michigan.gov/49bee1/siteassets/courts/business/2012-36_2013-06-05_ao-2013-6_formatted-ao_business-court-st.pdf}}</ref> |
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International examples include, among others, the Business and Property Courts of England and Wales Commercial Court Guide, Section G, addressing "Negotiated Dispute Resolution",<ref>{{Cite web |last= |title=The Business and Property Courts of England and Wales, Commercial Courts Guide (11th ed. Revised 2023) |url=https://www.judiciary.uk/wp-content/uploads/2023/06/14.341_JO_Commercial_Court_Guide_FINAL.pdf}}</ref> Ireland's Commercial List, section 6(a)(b)(xiii), giving its judges power to adjourn proceedings so the parties may consider mediation, conciliation, or arbitration,<ref>{{Cite web |title=The Court Service of Ireland, Superior Court Rules, Order 63A, Commercial Proceedings |url=https://www.courts.ie/content/commercial-court-list-0}}</ref> Part 27 of the DIFC Court Rules (Dubai) addressing ADR,<ref>{{Cite web |last= |first= |title=DIFC Courts {{!}} Part 27 |url=https://www.difccourts.ae/rules-decisions/rules/part-27 |access-date=2024-05-09 |website=DIFC Courts |language=en}}</ref> and the ADGM Courts' court annexed mediation.<ref>{{Cite web |title=ADGM Arbitration Centre, Court-Annexed Mediation |url=https://www.adgm.com/arbitrationcentre/mediation/court-annexed-mediation}}</ref> |
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Some U.S. business courts expressly encourage the use of special masters or referees in expediting some types of decision making during the litigation process, for example in North Carolina,<ref>{{Cite web |title=North Carolina Business Court Rules, Rule 16. Referees |url=https://www.nccourts.gov/assets/inline-files/Business-Court-Rules-Codified-16-February-2023.pdf?VersionId=OiJZZzkNAcIBTRtd9eUvXCmCivIIfULY?VersionId=OiJZZzkNAcIBTRtd9eUvXCmCivIIfULY}}</ref> Kentucky,<ref>{{Cite web |title=Kentucky Business Court Rule 5.1, Special Master or Discovery Referee |url=https://www.kycourts.gov/Courts/Supreme-Court/Supreme%20Court%20Orders/202315.pdf}}</ref> New York,<ref>{{Cite web |date=February 14, 2024 |title=Administrative Order of the Chief Administrative Judge of the Courts (New York) |url=https://www.nycourts.gov/LegacyPDFS/RULES/trialcourts/AO%2077.24_202.70%20Rules%20of%20the%20Commercial%20Div..pdf}}</ref> Indiana,<ref>{{Cite web |title=Indiana Rules of Court, Indiana Commercial Court Rules, Rule 5 Commercial Court Masters |url=https://www.in.gov/courts/rules/commercial/index.html#_Toc62198782}}</ref> Orlando,<ref>{{Cite web |title=Business Court Procedures, Section 6.2(f), for the Ninth Judicial Circuit Court in and for Orange County Florida | date=10 May 2023 |url=https://www.businesscourtsblog.com/philadelphia-commerce-court-report-2021/?doing_wp_cron=1715278968.0118880271911621093750}}</ref> Ft. Lauderdale,<ref>{{Cite web |title=Complex Litigation Unit Procedures, The Seventeenth Judicial Circuit Court for Broward County, Florida, § 7.3, Special Masters |url=https://www.17th.flcourts.org/wp-content/uploads/17th_pdf_files/complexunit%20_businesscourtprocedures_10_07.pdf}}</ref> and Georgia.<ref>{{Cite web |title=Rules of the Georgia State-wide Business Court, Article 22, Special Master |url=https://www.georgiabusinesscourt.com/wp-content/uploads/2021/05/State-wide-Business-Court-Rules-_FINAL-1.pdf}}</ref> Delaware's Court of Chancery also uses magistrates, who can potentially be final decision makers.<ref>{{Cite web |title=Magistrates - Court of Chancery - Delaware Courts - State of Delaware |url=https://courts.delaware.gov/chancery/magistrates.aspx |access-date=2024-05-09 |website=courts.delaware.gov}}</ref> |
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The New York Commercial Division and the Metro Atlanta Business Case Division are empowered to hear court-based disputes concerning international arbitration proceedings.<ref>{{Cite web |title=New Justice Assigned to Hear Commercial Division's International Arbitration Matters |url=https://www.jdsupra.com/legalnews/new-justice-assigned-to-hear-commercial-97573/ |access-date=2024-05-01 |website=JD Supra |language=en}}</ref><ref>{{Cite web |date=2019-06-05 |title=Article on the Development of International Commercial Courts – Business Courts Blog |url=https://www.businesscourtsblog.com/article-on-the-development-of-international-commercial-courts/ |access-date=2024-05-01 |language=en-US}}</ref> A substantial part of the Commercial Court of England and Wales' docket involves arbitration appeals.<ref>{{Cite web |title=Arbitration |url=https://www.commercialcourt.london/arbitration |access-date=2024-05-10 |website=the commercial court of england & wales |language=en-GB}}</ref> The [[Miami-Dade County, Florida]] Circuit Court has an International Commercial Arbitration Court.<ref>{{Cite web |title=International Commercial Arbitration |url=https://www.jud11.flcourts.org/About-the-Court/Court-Divisions/Civil/International-Commercial-Arbitration |access-date=2024-05-16 |website=www.jud11.flcourts.org}}</ref> Judge Lisa M. Walsh serves as both a Complex Business Litigation Division judge<ref>{{Cite web |title=This Judge Is Set to Join Miami-Dade's Complex Business Litigation Division |url=https://www.law.com/dailybusinessreview/2023/02/10/this-judge-is-set-to-join-miami-dades-complex-business-litigation-division/ |access-date=2024-05-16 |website=Daily Business Review |language=en}}</ref><ref>{{Cite web |title=Complex Business Litigation |url=https://www.jud11.flcourts.org/About-the-Court/Ourt-Courts/Civil-Court/Complex-Business-Litigation |access-date=2024-05-16 |website=www.jud11.flcourts.org}}</ref> and a presiding International Commercial Arbitration Court judge. |
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== Appellate Business and Commercial Courts == |
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In 2023, Texas passed a law creating an appellate level business court, the Fifteenth Court of Appeals, which will not become operational until September 2024, at the earliest.<ref>{{Cite web |title=Texas HB19 {{!}} 2023-2024 {{!}} 88th Legislature |url=https://legiscan.com/TX/text/HB19/id/2819557 |access-date=2024-05-06 |website=LegiScan |language=en}}</ref> Once operational, it would become the first specialized appellate level business court in the United States.<ref>{{Cite web |date=2023-05-25 |title=Texas Passes Business Court Legislation Creating Statewide Trial Level and Appellate Business Courts – Business Courts Blog |url=https://www.businesscourtsblog.com/texas-passes-business-court-legislation-creating-statewide-trial-level-and-appellate-business-courts/ |access-date=2024-05-05 |language=en-US}}</ref> On February 6, 2024, the Texas Supreme Court approved a preliminary set of appellate rules for this new court, subject to public comment (which closed on May 1, 2024).<ref>{{Cite web |last=Supreme Court of Texas Misc. Docket No. 24-9005 |title=Preliminary Approval of Amendments to the Texas Rules of Appellate Procedure Related to the Fifteenth Court of Appeals |url=https://www.txcourts.gov/media/1457984/249005.pdf}}</ref> Pennsylvania earlier passed a law, in 2020, encouraging the Superior Court of Pennsylvania to create a specialized appellate Commerce Court,<ref>{{Cite web |title=Commerce Court Program 42 Pa.C.S. § 743 |url=https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=7&sctn=43&subsctn=0}}</ref> but that intermediate appellate court has not done so. |
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Other appellate courts have been described as commercial or business courts, not by design, but in reference to their actual case work, such as the [[United States Court of Appeals for the Seventh Circuit]],<ref>{{Cite web |last=Richard A. Booth |title=Symposium on the Seventh Circuit as a Commercial Court: Forward: The Seventh Circuit as a Commercial Court, 65 Chicago-Kent Law Review 667 (1989) |url=https://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?article=3224&context=cklawreview}}</ref> and the [[Delaware Supreme Court]].<ref>{{Cite web |last=Hon. Donald F. Parsons, Jr. & Hon. Joseph R. Slights III |title=The History of Delaware's Business Courts - their rise to preeminence, Business Law Today, Vol. 17 No. 4 (March/April 2008) |url=https://www.americanbar.org/content/dam/aba/publications/blt/2008/03/full-issue-200803.pdf}}</ref> Retired Seventh Circuit Judge [[Richard Posner]] wrote that in the nineteenth century and well into the twentieth century, “t]he [[New York Court of Appeals]] was the nation’s premier commercial court.”<ref>{{Cite book |last=Posner |first=Richard A. |title=Cardozo: A Study in Reputation, page 129 |publisher=The University of Chicago Press |year=1990 |isbn=0-226-67556-4}}</ref> The [[United States Court of Appeals for the Second Circuit]] has been similarly described as “the country’s leading commercial court during the 1940s and 1950s...."<ref>{{Cite web |last=Sachs |first=Margaret V. |title=Judge Friendly and the Law of Securities Regulation: The Creation of a Judicial Reputation, 50 SMU L. REV. 777, 791 (1997) |url=https://scholar.smu.edu/cgi/viewcontent.cgi?article=1585&context=smulr}}</ref> |
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India's Commercial Courts law includes provisions for specialized commercial appellate divisions.<ref>{{Cite web |last= |first= |date=2019-02-11 |title=IBC Laws - Section 13 of Commercial Courts Act, 2015: Appeals from decrees of Commercial Courts and Commercial Divisions |url=https://ibclaw.in/section-13-appeals-from-decrees-of-commercial-courts-and-commercial-divisions/ |access-date=2024-05-10 |website=IBC Laws |language=en-US}}</ref><ref>{{Cite web |title=[Commercial Dispute {{!}} Appellate jurisdiction] Appeals By Commercial Courts At Level Of District Judge To Be Listed Before Division Bench: Delhi High Court |url=https://lawbeat.in/top-stories/commercial-dispute-appellate-jurisdiction-appeals-commercial-courts-level-district |access-date=2024-05-06 |website=LawBeat |language=en}}</ref> There is a Netherland's Commercial Court of Appeals, and Enterprise Chamber of the Amsterdam Court of Appeals.<ref>{{Cite web |title=Jurisdiction of the Netherlands Commercial Court |url=https://dutch-law.com/jurisdiction-netherlands.html |access-date=2024-05-10 |website=Dutch law |language=EN}}</ref><ref>{{Cite web |title=The Enterprise Chamber of Amsterdam {{!}} Dutch Corporate Lawyer |url=https://www.maak-law.com/the-enterprise-chamber-of-amsterdam/ |access-date=2024-05-22 |website=www.maak-law.com |language=en}}</ref> Singapore's International Commercial Court is designated to hear appeals from Bahrain's International Commercial Court.<ref>{{Cite web |title=Joint Media Release: Singapore and Bahrain sign Bilateral Treaty on appeals from the Bahrain International Commercial Court |url=https://www.judiciary.gov.sg/news-and-resources/news/news-details/intranet.judiciary.gov.sg/news-and-resources/news/news-details/joint-media-release--singapore-and-bahrain-sign-bilateral-treaty-on-appeals-from-the-bahrain-international-commercial-court |access-date=2024-05-10 |website=Default |language=en}}</ref> |
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== Business and Commercial Court Judges in the United States Since 1993 == |
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Following is a non-exhaustive list of business court judges serving over a period of years in U.S. business and commercial courts, in and after 1993, and/or identifying many judges who were pioneers on their bench and/or have had an impact beyond their bench. 1993 is when the first modern business court programs began in the United States. The list does not include Chancellors and Vice-Chancellors from the [[Delaware Court of Chancery]], which has been a pre-eminent business court for over a century, and whose judges have held an important place as business court judges over that time. |
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• Brent T. Adams, [[Nevada District Courts|Second Judicial District, Nevada]], Business Court. Judge Adams was the first presiding judge in the [[Reno, Nevada|Reno]] based Business Court created in 2000,<ref>{{Cite news |title=Rules of Practice for the Second Judicial District Court of the State of Nevada, 2.1, Business court docket |url=https://www.leg.state.nv.us/CourtRules/SecondDCR.html}}</ref> and served on it until his retirement in 2014.<ref>{{Cite web |title=Brent T. Adams - Historical Washoecourts |url=https://www.washoecourts.com/Historical/1976/Adams |access-date=2024-05-22 |website=www.washoecourts.com}}</ref><ref>{{Cite web |date=June 17, 2014 |title=In the Second Judicial District Court of the State of Nevada, In the Administrative Matter Of: Business Court Assignment, Administrative Order No. 2014-4 |url=https://www.washoecourts.com/AdminOrders/PDF/2014/2014-04%20MATTER%20OF%20BUSINESS%20COURT%20ASSIGNMENT.pdf?t=5/21/2024%2010:09:33%20PM}}</ref> |
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• James M. Alexander, [[Michigan Circuit Courts|Michigan Circuit Court]], Business Court. Judge Alexander served on the [[Oakland County, Michigan|Oakland County]] Business Court from its inception until his retirement in 2020.<ref>{{Cite web |date=2019-04-18 |title=Judges reappointed to county's Business Court |url=https://www.theoaklandpress.com/2019/04/18/judges-reappointed-to-countys-business-court/ |access-date=2024-05-19 |website=The Oakland Press |language=en-US}}</ref><ref>{{Cite web |title=James Alexander, JAMS Mediator and Arbitrator |url=https://www.jamsadr.com/alexander |access-date=2024-05-19 |website=www.jamsadr.com |language=en}}</ref> |
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• Nancy L. Alff, [[Nevada District Courts|Eighth Judicial District Court, Nevada]], Business Court. As a lawyer, Judge Alff was on the Business Court Task Force that had proposed creating business court dockets in Nevada, and she ultimately served 10 years as a judge on the [[Las Vegas]] Business Court. She is a member of the American College of Business Court Judges.<ref>{{Cite web |title=Hon. Nancy L. Alff, JAMS |url=https://www.jamsadr.com/allf/}}</ref> She was a Business Court Representative to the [[American Bar Association]]'s Business Law Section.<ref>{{Cite web |title=American Bar Association, Business Law Section, Business Court Representatives |url=https://www.americanbar.org/groups/business_law/about/awards-initiatives/business-court-representatives/}}</ref> |
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• Jon Van Allsburg, Michigan Circuit Court, Business Court. Judge Van Allsburg has been an [[Ottawa County, Michigan|Ottawa County]] Business Court judge since its inception in 2013 (as of May 2024).<ref>{{Cite web |title=Press Release: Van Allsburg Reappointed Chief Judge of the 20th Circuit Court |url=https://content.govdelivery.com/accounts/MIOTTAWA/bulletins/1c632d7 |access-date=2024-05-19 |website=Ottawa County, Michigan |language=en}}</ref> |
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• Michael J. Aprahamian, [[Wisconsin circuit courts|Wisconsin Circuit Court]], Commercial Docket Pilot Project. [[Waukesha County, Wisconsin|Waukesha County]] Judge Aprahamiam was on the Business Court Advisory Committee that petitioned to create Wisconsin's Commercial Docket Pilot Project in 2016,<ref>{{Cite web |date=April 11, 2017 |title=Supreme Court of Wisconsin, In re creation of a pilot project for dedicated trial court judicial dockets for large claim business and commercial cases, No. 16-05 |url=https://www.wicourts.gov/sc/rulhear/DisplayDocument.pdf?content=pdf&seqNo=188391}}</ref> was among the first judges to be appointed to the pilot business court after it was approved as a three-year pilot program, and remains a Commercial Docket judge (as of May 2024).<ref>{{Cite web |last=Aprahamian |first=Circuit Court Judge Michael J. |date=September 18, 2017 |title=Storage Battery Systems, LLC v. Wilder, Case 17CV1244, Decision and Temporary Injunction |url=https://www.wicourts.gov/services/attorney/docs/cdpp_dec17CV1244.pdf}}</ref><ref>{{Cite web |title=Inside Track: Commercial Litigation: Business Court Pilot Project Still Open for Business |url=https://www.wisbar.org/newspublications/insidetrack/pages/Article.aspx?Volume=11&ArticleID=27333 |access-date=2024-05-21 |website=State Bar of Wisconsin |language=en}}</ref><ref>{{Cite web |title=Wisconsin Court System - For attorneys - Commercial Docket Pilot Project |url=https://www.wicourts.gov/services/attorney/comcourtpilot.htm |access-date=2024-05-21 |website=www.wicourts.gov}}</ref> Judge Aprahamian has written and spoken extensively in explaining this business court.<ref>{{Cite web |title=Wisconsin Lawyer: Solutions The Need for Speed: Commercial Court Open for Business |url=https://www.wisbar.org/NewsPublications/WisconsinLawyer/Pages/Article.aspx?Volume=91&Issue=1&ArticleID=26094 |access-date=2024-05-21 |website=State Bar of Wisconsin |language=en}}</ref><ref>{{Cite web |title=Wisconsin Lawyer: Solutions Commercial Court: Expanded for Business |url=https://www.wisbar.org/NewsPublications/WisconsinLawyer/Pages/Article.aspx?ArticleID=28787 |access-date=2024-05-21 |website=State Bar of Wisconsin |language=en}}</ref><ref>{{Cite web |title=Inside Track: Business Court Pilot Project Now Serves 26 Counties |url=https://www.wisbar.org/NewsPublications/InsideTrack/Pages/Article.aspx?Volume=13&ArticleID=28742 |access-date=2024-05-21 |website=State Bar of Wisconsin |language=en}}</ref><ref>{{Cite web |title=Inside Track: Business Dispute? It Should Go to the Business Court Docket |url=https://www.wisbar.org/NewsPublications/InsideTrack/Pages/Article.aspx?Volume=13&ArticleID=28617 |access-date=2024-05-21 |website=State Bar of Wisconsin |language=en}}</ref> |
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• Leonard B. Austin, New York Commercial Division. Judge Austin served on the Commercial Division in [[Nassau County, New York|Nassau County]] for 9 years, and was later appointed to New York's intermediate appellate court.<ref>{{Cite web |title=Hon. Leonard B. Austin, Hearing Officer Resume |url=https://www.namadr.com/content/uploads/2022/01/Leonard-Austin-1.pdf}}</ref> He is a past president of the American College of Business Court Judges.<ref>{{Cite web |title=American College of Business Court Judges – Law & Economics Center |url=https://masonlec.org/divisions/mason-judicial-education-program/american-college-business-court-judges/ |access-date=2024-05-15 |website=masonlec.org}}</ref> |
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• Lewis A. Bledsoe, III, North Carolina Business Court. Judge Bledsoe was appointed to the Business Court in 2014 and was designated its Chief Judge in 2018, a position he still holds (as of May 2024).<ref>{{Cite web |title=The Sedona Conference® |url=https://thesedonaconference.org/bio/160576/338 |access-date=2024-05-21 |website=thesedonaconference.org}}</ref><ref>{{Cite web |title=Business Court Judges {{!}} North Carolina Judicial Branch |url=https://www.nccourts.gov/courts/business-court/business-court-judges |access-date=2024-05-21 |website=www.nccourts.gov}}</ref> He served as a Business Court Representative to the American Bar Association's Business Law Section.<ref>{{Cite web |title=American Bar Association, Business Law Section, Business Court Representatives |url=https://www.americanbar.org/groups/business_law/about/awards-initiatives/business-court-representatives/}}</ref> |
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• Craig J. Bobay, Indiana Superior Court, Commercial Court. Judge Bobay has been a Commercial Court judge in [[Allen County, Indiana|Allen County]] ([[Fort Wayne, Indiana|Fort Wayne]]) since its inception in 2016, served as a co-founder of Indiana's Commercial Courts Working Group, and is current chair of the Indiana Commercial Committee.<ref>{{Cite web |title=Judge Bobay Named Allen Superior Court Chief Judge {{!}} Allen Superior Court |url=https://allensuperiorcourt.us/judge-bobay-named-allen-superior-court-chief-judge/ |access-date=2024-05-19 |language=en-US}}</ref><ref>{{Cite web |title=Indiana Commercial Courts Handbook, History of the Indiana Commercial Court, pages 6-9 (January 31, 2023) |url=https://www.in.gov/courts/iocs/files/comm-ct-handbook.pdf}}</ref><ref>{{Cite web |title=Meet the Judges {{!}} Allen Superior Court |url=https://allensuperiorcourt.us/about/meet-the-judges/ |access-date=2024-05-19 |language=en-US}}</ref> |
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• Alice D. Bonner, [[Fulton County, Georgia|Fulton County Georgia]] Superior Court Business Case Division, later Metro Atlanta Business Case Division. In 2005, Judge Bonner was appointed as one of the original judges in the Business Case Division.<ref>{{Cite book |author1=Lee Applebaum|author2=Mitchell L. Bach|author3=Beth I.Z. Boland|author4=Brandon L. Bigelow|author5=Donalt |author6=J. Eglington|author7=E. Bradley Evans|author8=Eric G. Orlinsky|author9=Damon A. Brown|author10=Jason B. Schaeffer|author11=Lewis M. Smoley|display-authors=6|title=Annual Review of Developments in Business and Corporate Litigation, Committee on Business and Corporate Litigation, Chapter 5, § 5.2.2, page 157 |publisher=American Bar Association |year=2006 |isbn=978-1-59031715-0}}</ref> She continued serving for over 15 years.<ref>{{Cite journal |last=Bonner |first=Alice |date=2021-03-02 |title=((Raybon et al., Order on Pending Motions and Pre-Trial Scheduling order))|url=https://readingroom.law.gsu.edu/businesscourt/525 |journal=Georgia Business Court Opinions}}</ref> She participated in the first meeting of the American College of Business Court Judges in 2005.<ref>American College of Business Court Judges, AEI-Brookings Joint Center for Regulatory Studies, Judicial Education Program, Washington, D.C., Advanced Law and Economics Insitute, October 30 - November 1, 2005, Judicial Participant List</ref> |
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• Herman Cahn, New York Commercial Division. In 1993, Judge Cahn was appointed as one of the original pilot Commercial Part judges in [[Manhattan]], after he had been instrumental in creating this pilot business court. He continued his role as a business court judge after the creation of the Commercial Division in 1995, serving there until 2008.<ref>{{Cite web |title=New York Supreme Court Justice Herman Cahn Joins Milberg LLP {{!}} FinancialContent Business Page |url=https://markets.financialcontent.com/stocks/news/read/8007977/new_york_supreme_court_justice_herman_cahn_joins_milberg_llp |access-date=2024-05-16 |website=markets.financialcontent.com}}</ref> |
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• Audrey J.S. Carrion, [[Maryland Circuit Courts|Circuit Court of Maryland]], Business and Technology Case Management Program (BTCMP). Judge Carrion was appointed to the [[Baltimore|Baltimore City]] Circuit Court BTCMP in 2010, was its Director from 2012 to January 1, 2020, and remains a BTCMP judge (as of May 2024) while serving as Administrative Judge and Chief Judge of Baltimore's Circuit Court.<ref>{{Cite web |title=Business and Technology Judges – Circuit Court For Baltimore City |url=https://www.baltimorecitycourt.org/court-divisions/civil/business-and-technology/1704-2/ |access-date=2024-05-19 |website=www.baltimorecitycourt.org}}</ref> She was a Business Court Representative to the American Bar Association's Business Law Section.<ref>{{Cite web |title=American Bar Association, Business Law Section, Business Court Representatives |url=https://www.americanbar.org/groups/business_law/about/awards-initiatives/business-court-representatives/}}</ref> |
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• Carolyn E. Demerest, New York Commercial Division. Judge Demarest served in the [[Brooklyn]], Kings County Commercial Division from its inception in 2002 through 2016.<ref>{{Cite web |title=Carolyn Demarest, JAMS Mediator and Arbitrator |url=https://www.jamsadr.com/demarest |access-date=2024-05-17 |website=www.jamsadr.com |language=en}}</ref><ref>{{Cite web |last=Mahler |first=Peter A. |date=2017-07-17 |title=Interview With Justice Carolyn Demarest (Ret.) on Litigating and Mediating Business Divorce Cases |url=https://www.nybusinessdivorce.com/2017/07/articles/podcast-episodes/interview-justice-carolyn-demarest-ret-litigating-mediating-business-divorce-cases/ |access-date=2024-05-17 |website=New York Business Divorce |language=en-US}}</ref> |
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• Mark R. Denton, Eighth Judicial District Court, Nevada, Business Court. Judge Denton has served in the Las Vegas District Court's business court docket for over 15 years.<ref>{{Cite web |date=June 16, 2009 |title=Administrative Order Regarding Business Court ADKT 398, In the Administrative Matter of EDCR 1.33 and EDCR 1.61 in the Eighth Judicial District Court, 09-09 |url=http://clarkcountycourts.us/res/rules-and-orders/AO-0909.pdf}}</ref> He is the immediate past president of the American College of Business Court Judges.<ref>{{Cite web |title=American College of Business Court Judges – Law & Economics Center |url=https://masonlec.org/divisions/mason-judicial-education-program/american-college-business-court-judges/ |access-date=2024-05-15 |website=masonlec.org}}</ref> |
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• John P. DiBlasi, New York Commercial Division. Judge DiBlasi was the first Commercial Division judge in [[Westchester County, New York|Westchester County]] in 1999, and served in the Commercial Division for ten years. Now a nationally known mediator, he was early to implement ADR in the Commercial Division.<ref>{{Cite web |title=Commercial Division Law Report, Statements of the Hon. Stephen G. Crane and Hon. Judith S. Kaye (January 2000) |url=https://www.nycourts.gov/LegacyPDFS/courts/comdiv/lawreport/law_report_-_january_2000.pdf}}</ref><ref>{{Cite web |title=Hon. John P. DiBlasi, Hearing Officer Resume |url=https://www.namadr.com/content/uploads/2016/09/DiBlasi-John-1.pdf}}</ref><ref>{{Cite web |last= |first= |title=Hon. John DiBlasi, Mediator |url=https://nymag.com/nymag/advertorial/66672/ |access-date=2024-05-17 |website=NYMag.com}}</ref> |
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• Timothy S. Driscoll, New York Commercial Division. Judge Driscoll has been a Nassau County Commercial Division judge since 2009 (as of May 2024).<ref>{{Cite web |title=New York State Unified Court System, Biography of Justice Timothy S. Driscoll |url=https://ww2.nycourts.gov/courts/comdiv/nassau_bio_driscoll.shtml}}</ref> He has written extensively on practice and development in the Commercial Division.<ref>{{Cite web |date=2019-01-18 |title=Judge Timothy Driscoll's Articles on New York Commercial Division's Rule and Practice Developments – Business Courts Blog |url=https://www.businesscourtsblog.com/judge-timothy-driscolls-articles-on-the-commercial-divisions-rule-and-practice-developments/ |access-date=2024-05-14 |language=en-US}}</ref> He is a past president of the American College of Business Court Judges.<ref>{{Cite web |title=American College of Business Court Judges – Law & Economics Center |url=https://masonlec.org/divisions/mason-judicial-education-program/american-college-business-court-judges/ |access-date=2024-05-14 |website=masonlec.org}}</ref> |
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• Elizabeth Hazlitt Emerson, New York Commercial Division. In 2002, Judge Hazlitt Emerson played a key part in establishing the Commercial Division in [[Suffolk County, New York|Suffolk County]], where she served for two decades, and took on significant responsibilities in shaping Commercial Division structure and practice across New York.<ref>{{Cite web |title=New York State Unified Court System, Commercial Division Suffolk County, Biography of Justice Elizabeth Hazlitt Emerson |url=https://ww2.nycourts.gov/courts/comdiv/suffolk_bio_emerson.shtml}}</ref> <ref>{{Cite web |title=Retired Judge, Founding Member of Suffolk County Commercial Division Joins ADR Panel |url=https://www.law.com/newyorklawjournal/2024/03/19/retired-judge-founding-member-of-suffolk-county-commercial-division-joins-adr-panel/ |access-date=2024-05-17 |website=New York Law Journal |language=en}}</ref><ref>{{Cite web |title=Hon. Elizabeth H. Emerson |url=https://mediationsolutionsny.com/msny/elizabeth-h-emerson/ |access-date=2024-05-17 |website=Mediation Solutions of NY |language=en-US}}</ref> <ref>{{Cite web |title=Suffolk County Justices and Local Rules (web page updated March 10, 2014) |url=https://nysba.org/NYSBA/Coursebooks/Fall%202014%20CLE%20Coursebooks/Commercial%20Division%20Practice/9-SUFFOLK%20COUNTY%20JUSTICES%20AND%20LOCAL%20RULES.pdf}}</ref><ref>{{Cite web |title=Arco Acquisitions, LLC v. Tiffany Plaza, LLC, 2021 NY Slip Op 51039(U) [73 Misc 3d 1214(A)] (November 4, 2021) (Opinion by Judge Emerson) |url=https://www.nycourts.gov/reporter/3dseries/2021/2021_51039.htm}}</ref> She served as a 2021-2023 Business Court Representative to the ABA's Section of Business Law.<ref>{{Cite web |title=American Bar Association, Business Law Section, Business Court Representatives |url=https://www.americanbar.org/groups/business_law/about/awards-initiatives/business-court-representatives/}}</ref> |
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• Helen E. Freedman, New York Commercial Division. Judge Freedman served in the Manhattan Commercial Division for over eight years, until her appointment to New York's intermediate appellate court in 2008.<ref>{{Cite web |title=Helen Freedman, JAMS Mediator and Arbitrator |url=https://www.jamsadr.com/freedman |access-date=2024-05-22 |website=www.jamsadr.com |language=en}}</ref><ref>{{Cite web |title=Appellate Division - First Judicial Department |url=https://nycourts.gov/courts/ad1/JusticesOfTheCourt/justices_freedman.shtml |access-date=2024-05-22 |website=nycourts.gov}}</ref> |
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• Gill Freeman, Eleventh Judicial Circuit of Florida, Complex Business Litigation Section. Judge Freeman was the first judge presiding over Miami's Complex Business Litigation Section, serving in that role for five years.<ref>{{Cite web |title=Assignment of Circuit Court Judge Gill Freeman to the Complex Business Litigation Section (Section 40) in the Circuit Civil Division of the Eleventh Judicial Circuit of Florida, Administrative Order No. 11-13 (April 7, 2011) |url=https://www.jud11.flcourts.org/Administrative_Orders/2-11-13-Assignment%20of%20Judge%20Freeman%20to%20Section%2040.pdf}}</ref><ref>{{Cite web |title=The Sedona Conference® |url=https://thesedonaconference.org/bio/50413 |access-date=2024-05-16 |website=thesedonaconference.org}}</ref> She is co-chair of the [[The Florida Bar|Florida Bar]]'s Business Law Section's Business Courts Task Force.<ref>{{Cite web |title=Business Courts Task Force |url=https://flabizlaw.org/committees-task-forces/task-forces/business-courts-task-force/ |access-date=2024-05-16 |website=Business Law Section of The Florida Bar |language=en-US}}</ref> |
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• James Gale, North Carolina Business Court. Judge Gale served for a decade on the North Carolina Business Court, including three years as its Chief Judge.<ref>{{Cite web |date=2021-05-06 |title=Passing the torch: Jim Gale concludes service on the N.C. Business Court |url=https://www.elon.edu/u/news/2021/05/06/passing-the-torch-jim-gale-concludes-service-on-the-n-c-business-court/ |access-date=2024-05-15 |website=Today at Elon |language=en}}</ref> He is a Director of the American College of Business Court Judges.<ref>{{Cite web |title=American College of Business Court Judges – Law & Economics Center |url=https://masonlec.org/divisions/mason-judicial-education-program/american-college-business-court-judges/ |access-date=2024-05-15 |website=masonlec.org}}</ref> He was co-chair of the ABA Business Law Section's Business Courts Subcommittee,<ref>{{Cite web |last= |first= |last2= |first2= |last3= |date=2021-05-19 |title=Judge Gale Receives ACBD Section Distinguished Service Award - North Carolina Bar Association |url=https://www.ncbar.org/nc-lawyer/2021-05/gale-acbd-award/,%20https://www.ncbar.org/nc-lawyer/2021-05/gale-acbd-award/ |access-date=2024-05-15 |website=www.ncbar.org |language=en-US}}</ref> and has also been a co-editor of the "Business Courts" chapter in the American Bar Association publication, Recent Developments in Business and Corporate Litigation. |
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• Ira Gammerman, New York Commercial Division. Judge Gammerman began as one of the four original pilot Commercial Part judges in Manhattan in 1993, and continued for many years with the Commercial Division.<ref>{{Cite web |date=2019-01-28 |title=Ira Gammerman, a Commercial Division Founder, Dies at 91 |url=https://finance.yahoo.com/news/ira-gammerman-commercial-division-founder-063157812.html |access-date=2024-05-14 |website=Yahoo Finance |language=en-US}}</ref><ref>{{Cite web |title=Ira Gammerman, a Commercial Division Founder, Dies at 91 |url=https://www.law.com/newyorklawjournal/2019/01/28/ira-gammerman-a-commercial-division-founder-dies-at-91/ |access-date=2024-05-14 |website=New York Law Journal |language=en}}</ref> |
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• Allen van Gestel, [[Suffolk County, Massachusetts|Suffolk (Massachusetts)]] Superior Court, Business Litigation Session. Judge van Gestel was the original Business Litigation Session (BLS) judge in 2000, and served as a BLS judge until his 2007 retirement, personally authoring hundreds of opinions.<ref>{{Cite web |title=The Business Litigation Session Turns 15 |url=https://bostonbar.org/journal/the-business-litigation-session-turns-15/ |access-date=2024-05-14 |website=Boston Bar Association |language=en-US}}</ref><ref>{{Cite web |title=Lawyers Journal-2005-September |url=https://www.massbar.org/publications/lawyers-journal/lawyers-journal-article/lawyers-journal-2005-september/respected-judge-allan-van-gestel-prepares-to-retire-#:~:text=However,%20according%20to%20the%20Massachusetts%20constitution,%20%22upon%20achieving,have%20any%20choice%20on%20that,%22%20said%20van%20Gestel. |access-date=2024-05-14 |website=www.massbar.org}}</ref><ref>{{Cite web |date=2023-02-06 |title=2022 Business Court Opinions Posted on Publicly Available Websites – Business Courts Blog |url=https://www.businesscourtsblog.com/2022-business-court-opinions-posted-on-publicly-available-websites/ |access-date=2024-05-14 |language=en-US}}</ref><ref>{{Cite book |last=Lee Applebaum, Hema P. Mehta, Mitchell L. Bach, Beth I.Z. Boland, Brandon L. Bigelow, Donalt J. Eglington, E. Bradley Evans, Jillian S. Folger-Hartwell, David W. Hercher, Corey E. Manning, Eric G. Orlinsky, Damon A. Brown & Lewis M. Smoley |title=Annual Review of Developments in Business and Corporate Litigation, Committee on Business and Corporate Litigation, Volume 1, Chapter 5, § 5.2.3 |publisher=American Bar Association |year=2008 |pages=210}}</ref> He particpated in the first meeting of the American College of Business Court Judges in 2005.<ref>American College of Business Court Judges, AEI-Brookings Joint Center for Regulatory Studies, Judicial Education Program, Washington, D.C., Advanced Law and Economics Insitute, October 30 - November 1, 2005, Judicial Participant List</ref> |
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• Gary S. Glazer, [[Philadelphia]] [[Pennsylvania courts of common pleas|Court of Common Pleas]], Commerce Case Management Program. Judge Glazer served for nearly a decade on the Commerce Court, including 2018-2021 as its Supervising Judge.<ref>{{Cite news |last=Mitchell |first=Max |title=Commerce Court Leader Talks New Initiatives, Juggling Roles and Why the Commerce Program is for 'Nerds', The Legal Intelligencer (September 5, 2018)}}</ref><ref>{{Cite web |date=2023-05-10 |title=Philadelphia Commerce Court Report 2021 – Business Courts Blog |url=https://www.businesscourtsblog.com/philadelphia-commerce-court-report-2021/ |access-date=2024-05-16 |language=en-US}}</ref> He is also one of the few U.S. judges to actively participate in the Standing International Forum of Commercial Courts.<ref>{{Cite web |date=2019-01-11 |title=2018 Changes on the Philadelphia Commerce Court's Bench – Business Courts Blog |url=https://www.businesscourtsblog.com/2018-changes-on-the-philadelphia-commerce-courts-bench/ |access-date=2024-05-16 |language=en-US}}</ref><ref>{{Cite web |title=Standing International Forum of Commercial Courts, Report of the Second Meeting, New York, 27-28 September 2018, page 11 |url=https://cloud-platform-e218f50a4812967ba1215eaecede923f.s3.amazonaws.com/uploads/sites/25/2024/03/Report-of-the-2nd-SIFoCC-Meeting-New-York-2018.pdf}}</ref> |
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• Allen S. Goldberg, [[Circuit Court of Cook County]], Illinois, Commercial Calendar. Judge Goldberg served on [[Chicago]]'s Commercial Calendar from 2000-2011.<ref>{{Cite web |title=Allen Goldberg, JAMS Mediator and Arbitrator |url=https://www.jamsadr.com/goldberg |access-date=2024-05-16 |website=www.jamsadr.com |language=en}}</ref> In 2004, he headed the committee that drafted rules for the Cook County Circuit Court's Law Division's court-annexed mediation program.<ref>{{Cite news |last=Rooney |first=John Flynn |date=March 23, 2004 |title=Mediation the new pretrial, and arbitration subs for the courtroom |work=Chicago Daily Law Bulletin |pages=1}}</ref><ref>{{Cite web |title=About Law Division Mediation {{!}} Circuit Court of Cook County |url=https://www.cookcountycourt.org/division/law-division/about-law-division-mediation |access-date=2024-05-18 |website=www.cookcountycourt.org |language=en}}</ref> He was a Business Court Representative to the American Bar Association's Business Law Section.<ref>{{Cite web |title=American Bar Association, Business Law Section, Business Court Representatives |url=https://www.americanbar.org/groups/business_law/about/awards-initiatives/business-court-representatives/}}</ref> He participated in the first meeting of the American College of Business Court Judges in 2005.<ref>American College of Business Court Judges, AEI-Brookings Joint Center for Regulatory Studies, Judicial Education Program, Washington, D.C., Advanced Law and Economics Insitute, October 30 - November 1, 2005, Judicial Participant List</ref> |
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• Elizabeth Goff Gonzalez, Eighth Judicial District Court, Nevada, Business Court. Beginning in 2007, Judge Gonzales began her many years of service presiding over the Las Vegas District Court's business court docket.<ref>{{Cite web |date=2022-12-24 |title=Hon. Elizabeth Gonzalez (Ret.) |url=https://armadr.com/hon-elizabeth-gonzalez-ret/ |access-date=2024-05-14 |website=Advanced Resolution Management |language=en-US}}</ref> She is a past president of the American College of Business Court Judges.<ref>{{Cite web |title=American College of Business Court Judges – Law & Economics Center |url=https://masonlec.org/divisions/mason-judicial-education-program/american-college-business-court-judges/ |access-date=2024-05-14 |website=masonlec.org}}</ref> |
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• John W. Herron, Philadelphia Court of Common Pleas Commerce Case Management Program (Commerce Court). As Administrative Judge, in 1999 Judge Herron issued the order creating the Commerce Court, and then served as one of the original Commerce Court judges during its first two years.<ref>{{Cite web |title=Administrative Docket 01 of 1999, In Re Commerce Case Management Program (November 9, 1999) |url=https://www.businesscourtsblog.com/wp-content/uploads/2019/01/Order-creating-Commerce-Program-1999-01553193xB05D9.pdf}}</ref><ref>{{Cite news |title=Administrative Office of the Pennsylvania Courts, Supreme Court names the Hon. John W. Herron Administrative Judge of FJD's Trial Division (November 10, 2011) |url=https://www.pacourts.us/Storage/media/pdfs/20210518/125805-judgeherronapptdaj_111011-001253.pdf}}</ref> |
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• Joseph Iannazzone, [[Georgia Superior Courts|Superior]] and State Courts of [[Gwinnett County, Georgia|Gwinnett County]], Georgia Business Court, later Metro Atlanta Business Case Division. Judge Iannazzone was one of two judges in Gwinnett County's Business Court, which later joined the Metro Atlanta Business Case Division.<ref>{{Cite web |last= |date=2016-07-26 |title=Gwinnett First County to Join Metro Atlanta Business Court Division |url=https://gwinnettmagazine.com/gwinnett-first-county-to-join-metro-atlanta-business-court-division/ |access-date=2024-05-15 |website=Gwinnett Magazine |language=en-US}}</ref> He is a past president of the American College of Business Court Judges.<ref>{{Cite web |title=American College of Business Court Judges – Law & Economics Center |url=https://masonlec.org/divisions/mason-judicial-education-program/american-college-business-court-judges/ |access-date=2024-05-15 |website=masonlec.org}}</ref> |
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• Mary Miller Johnston, [[Delaware Superior Court|Superior Court of Delaware]], Complex Commercial Litigation Division (CCLD). [[New Castle County, Delaware|New Castle County]] Superior Court Judge Miller Johnston was appointed a CCLD judge in 2011,<ref>{{Cite journal |last=Joseph R. Slights III & Elizabeth A. Powers |date=2015 |title=Delaware Courts Continue to Excel in Business Litigation with the Success of the Complex Commercial Litigation Division of the Superior Court |journal=The Business Lawyer |volume=70 |pages=1039}}</ref> served on the CCLD until 2023, being the longest serving CCLD judge as of 2024, and was often cross-designated as a Vice Chancellor in Delaware's Court of Chancery.<ref>{{Cite web |last=Jurden |first=President Judge Jan R. |date=September 1, 2023 |title=Administrative Directive of the President Judge of the Superior Court of the State of Delaware, No. 2023-4, Assignment of Judges - CCLD |url=https://courts.delaware.gov/forms/download.aspx?id=209818}}</ref><ref>{{Cite web |title=Delaware ADR, Honorable Mary M. Johnston (Ret.) |url=https://www.delawareadr.com/hon-judge-mary-johnston-ret}}</ref> She was a Business Court Representative to the American Bar Association's Business Law Section,<ref>{{Cite web |title=American Bar Association, Business Law Section, Business Court Representatives |url=https://www.americanbar.org/groups/business_law/about/awards-initiatives/business-court-representatives/}}</ref> and is an officer of the American College of Business Court Judges.<ref>{{Cite web |title=American College of Business Court Judges – Law & Economics Center |url=https://masonlec.org/divisions/mason-judicial-education-program/american-college-business-court-judges/ |access-date=2024-05-20 |website=masonlec.org}}</ref> |
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• John R. Jolly, Jr., [[North Carolina]] Business Court. Judge Jolly served on the Business Court from 2005-2014, 2011 to 2014 as its Chief Judge.<ref>{{Cite web |title=North Carolina Judicial Branch, Business Court Judges |url=https://www.nccourts.gov/courts/business-court/business-court-judges}}</ref> Judge Jolly participated in the first meeting of the American College of Business Court Judges in 2005.<ref>American College of Business Court Judges, AEI-Brookings Joint Center for Regulatory Studies, Judicial Education Program, Washington, D.C., Advanced Law and Economics Insitute, October 30 - November 1, 2005, Judicial Participant List</ref> |
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• M. Randall Jurrens, Circuit Court of Michigan, Business Court. Judge Jurrens was appointed to the [[Saginaw County, Michigan|Saginaw County]] Business Court upon its inception in 2013, and remains a judge in that program (as of May 2024), with his term currently ending in 2025.<ref>{{Cite web |last=Phillips |first=Carron J. |date=2013-04-24 |title=Saginaw and Bay County judges assigned to rule over new "business court" |url=https://www.mlive.com/news/saginaw/2013/04/saginaw_and_bay_county_judges.html |access-date=2024-05-19 |website=mlive |language=en}}</ref><ref>{{Cite web |title=Business Court {{!}} County of Saginaw, MI |url=https://www.saginawcounty.com/courts-public-safety/courts/business-court/ |access-date=2024-05-19 |website=www.saginawcounty.com}}</ref> |
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• Deborah Karulunas, New York Commercial Division. Judge Karulunas presided in the [[Onondaga County, New York|Onondaga County]] ([[Syracuse, New York|Syracuse]]) Commercial Division from its inception in 2007 for over 15 years.<ref>{{Cite web |title=State of New York Unified Court System, Press Release, New Administrative Judge Named to Fifth Judicial Circuit (June 29, 2023) |url=https://www.nycourts.gov/LegacyPDFS/press/pdfs/PR23_20.pdf}}</ref> |
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• Elizabeth E. Long, Fulton County Georgia Superior Court Business Case Division, later Metro Atlanta Business Case Division. In 2005, Judge Long was appointed as one of the original judges in the Business Case Division.<ref>{{Cite book |last=Lee Applebaum, Mitchell L. Bach, Beth I.Z. Boland, Brandon L. Bigelow, Donalt J. Eglington, E. Bradley Evans, Eric G. Orlinsky, Damon A. Brown, Jason B. Schaeffer and Lewis M. Smoley |title=Annual Review of Developments in Business and Corporate Litigation, Committee on Business and Corporate Litigation, Chapter 5, § 5.2.2, page 157 |publisher=American Bar Association |year=2006 |isbn=978-1-59031715-0}}</ref> She continued serving for over 15 years.<ref>{{Cite journal |last=Long |first=Elizabeth |date=2022-01-05 |title=GEFA v. CH2M Hill Eng., ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT |url=https://readingroom.law.gsu.edu/businesscourt/507 |journal=Georgia Business Court Opinions}}</ref> She participated in the first meeting of the American College of Business Court Judges in 2005.<ref>American College of Business Court Judges, AEI-Brookings Joint Center for Regulatory Studies, Judicial Education Program, Washington, D.C., Advanced Law and Economics Insitute, October 30 - November 1, 2005, Judicial Participant List</ref> |
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• Ellen Hobbs Lyle, [[Davidson County, Tennessee|Davidson County]] ([[Nashville, Tennessee|Nashville]]), [[Tennessee]] Chancery Court, Business Court Pilot Project. In 2015, Chancellor Hobbs Lyle became Tennessee's first business court judge, and established the new program as its sole judge through the end of 2017.<ref>{{Cite journal |last=Lyle |first=Chancellor Ellen Hobbs |title=Report from the Business Court |journal=Nashville Bar Journal (October 2015) |pages=10–11}}</ref><ref>{{Cite web |title=Tennessee Supreme Court Endorses Recommendations of the Statewide Business Court Docket Advisory Commission {{!}} Tennessee Administrative Office of the Courts |url=https://www.tncourts.gov/news/2017/12/22/tennessee-supreme-court-endorses-recommendations-statewide-business-court-docket |access-date=2024-05-20 |website=www.tncourts.gov}}</ref> |
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• Albert J. Matricciani, Circuit Court of Maryland, Business and Technology Case Management Program (BTCMP). Baltimore City Circuit Court Judge Matricciani was appointed to the Business and Technology Case Management Program Implementation Committee in 2001,<ref>{{Cite web |title=Business & Technology Case-Management Program Implementation Committee, Maryland |url=https://msa.maryland.gov/msa/mdmanual/33jud/defunct/html/02busin.html |access-date=2024-05-19 |website=msa.maryland.gov}}</ref> was a Director of the BTCMP from 2001-2008,<ref>{{Cite web |title=Albert J. Matricciani, Jr., Maryland Court of Special Appeals Judge |url=https://msa.maryland.gov/msa/mdmanual/30sp/former/html/msa12371.html |access-date=2024-05-19 |website=msa.maryland.gov}}</ref> and was one of the first BTCMP judges in Baltimore when that program became operational in 2003, until he was appointed to Maryland's intermediate appellate court in 2008.<ref>{{Cite web |title=Profile |url=https://www.law.umaryland.edu/faculty--research/directory/profile/index.php?id=200 |access-date=2024-05-19 |website=www.law.umaryland.edu}}</ref> He was a Business Court Representative to the American Bar Association's Business Law Section.<ref>{{Cite web |title=American Bar Association, Business Law Section, Business Court Representatives |url=https://www.americanbar.org/groups/business_law/about/awards-initiatives/business-court-representatives/}}</ref> Judge Matricciani participated in the first meeting of the American College of Business Court Judges in 2005.<ref>American College of Business Court Judges, AEI-Brookings Joint Center for Regulatory Studies, Judicial Education Program, Washington, D.C., Advanced Law and Economics Insitute, October 30 - November 1, 2005, Judicial Participant List</ref> |
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• Patricia A. McInerney, Philadelphia Court of Common Pleas, Commerce Case Management Program (Commerce Court). Judge McInerney served on the Commerce Court in two different periods. Her second appointment came in 2011 and she served until 2018, during which time she became the Commerce Court's first Supervising Judge.<ref>{{Cite web |last=Herron |first=Hon. John W. |title=Notice to the Bar, Commerce Court Bar and Class Action Bar (2011) |url=https://www.courts.phila.gov/pdf/notices/2011/Notice-to-Bar-Commerce-Court.pdf}}</ref><ref>{{Cite web |title=Recently Retired Phila. Commerce Court Judge Heads to ADR |url=https://www.law.com/thelegalintelligencer/2018/08/15/recently-retired-phila-commerce-court-judge-heads-to-adr/ |access-date=2024-05-16 |website=The Legal Intelligencer |language=en}}</ref> Judge McInerney was also a Business Court Representative to the American Bar Association's Business Law Section.<ref>{{Cite web |title=American Bar Association, Business Law Section, Business Court Representatives |url=https://www.americanbar.org/groups/business_law/about/awards-initiatives/business-court-representatives/}}</ref> |
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• Richard McNamara, [[New Hampshire Superior Court]], Business and Commercial Dispute Docket (BCD). In 2009, Judge McNamara was [[New Hampshire]]'s first BCD judge, and served in that role for 11 years.<ref>{{Cite web |title=Judge of NH's new business court would follow business model |url=https://www.nashuatelegraph.com/news/business/2010/04/22/judge-of-nh-8217s-new-business-court-would-follow-business-model/ |access-date=2024-05-16 |website=nashuatelegraph.com |language=en-US}}</ref><ref>{{Cite web |last= |first= |date=2010-02-26 |title=Q&A with: Business court Judge Richard McNamara |url=https://www.nhbr.com/qa-with-business-court-judge-richard-mcnamara/ |access-date=2024-05-16 |website=NH Business Review |language=en-US}}</ref><ref>{{Cite web |date=2020-06-29 |title=Superior Court judge McNamara to retire after 11 years in Merrimack County |url=https://www.concordmonitor.com//Merrimack-County-Superior-Court-NH-judge-Richard-McNamara-retiring-34566441 |access-date=2024-05-16 |website=Concord Monitor |language=en}}</ref> |
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• [[Clifton Newman|Clifton B. Newman]], [[South Carolina Circuit Court]] Business Court. Judge Newman was appointed to [[South Carolina]]'s Business Court in 2010,<ref>{{Cite web |last=Toal |first=Chief Justice Jean Hoefer |title=Supreme Court of South Carolina Re: Designation of Business Court Judges, Order (August 19, 2010) |url=https://www.sccourts.org/courtOrders/displayOrder.cfm?orderNo=2010-08-19-01}}</ref> and handled business and commercial litigation cases until his retirement over a decade later.<ref>{{Cite web |last=Jr |first=Michael M. DeWitt |title=Murdaugh murder trial judge Clifton Newman takes major step in legal career. What to know. |url=https://www.greenvilleonline.com/story/news/local/south-carolina/2024/04/05/retired-sc-judge-clifton-newman-known-for-murdaugh-trial-takes-new-job/73215105007/ |access-date=2024-05-14 |website=The Greenville News |language=en-US}}</ref> He is a past president of the American College of Business Court Judges.<ref>{{Cite web |title=American College of Business Court Judges – Law & Economics Center |url=https://masonlec.org/divisions/mason-judicial-education-program/american-college-business-court-judges/ |access-date=2024-05-14 |website=masonlec.org}}</ref> |
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• Stephen I. Platt, Circuit Court of Maryland, Business and Technology Case Management Program. Sitting in [[Prince George's County, Maryland|Prince Georges County]], Judge Platt was the original supervising judge of the newly created Maryland business court program from 2003-2005, and was an architect of that program.<ref>{{Cite web |title=Business & Technology Case-Management Program Implementation Committee, Maryland |url=https://msa.maryland.gov/msa/mdmanual/33jud/defunct/html/02busin.html |access-date=2024-05-19 |website=msa.maryland.gov}}</ref><ref>{{Cite web |date=2016-05-01 |title=Judge Steven I. Platt (Ret.) - The Platt Group, Inc |url=https://www.theplattgroup.com/neutrals/judge-steven-i-platt-ret/,%20https://www.theplattgroup.com/neutrals/judge-steven-i-platt-ret/ |access-date=2024-05-14 |website=www.theplattgroup.com |language=en-US}}</ref><ref>{{Cite journal |last=Smith |first=William C. |date=November 27, 2000 |title=Md. Panel urges biz court |journal=The National Law Journal |volume=23 |issue=14}}</ref> He is a past president of the American College of Business Court Judges.<ref>{{Cite web |title=American College of Business Court Judges – Law & Economics Center |url=https://masonlec.org/divisions/mason-judicial-education-program/american-college-business-court-judges/ |access-date=2024-05-14 |website=masonlec.org}}</ref> He has also educated broadly about presiding over business litigation, well beyond Maryland.<ref>{{Cite web |title=Transitioning Off the Bench and Then Some – A Pursuit of Justice |url=https://www.apursuitofjustice.com/transitioning-off-the-bench-and-then-some/ |access-date=2024-05-17 |website=www.apursuitofjustice.com}}</ref> |
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• Charles Ramos, New York Commercial Division. Judge Ramos served as a Commercial Division judge in Manhattan from 1996-2018.<ref>{{Cite web |last=Michael Farinacci and Muhammad U. Faridi |title=Commercial Disputes Digest, A Fond Farewell to Two of the Commercial Division's Most Senior Judges (January 10, 2019) |url=https://www.pbwt.com/commercial-disputes-digest/a-fond-farewell-to-two-of-the-commercial-divisions-most-senior-judges}}</ref> During his tenure, in 2013, Judge Ramos was designated to hear all international arbitration cases before the Commercial Division.<ref>{{Cite web |title=Administrative Order of the Chief Administrative Judge of the Courts AO/224/13 (Sept. 16, 2013) |url=https://www.nycourts.gov/LegacyPDFS/courts/1jd/supctmanh/AO-CIAM-caj.pdf}}</ref> |
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• Randolph G. Rich, State Court of Gwinnett County Georgia Business Court, Metro Atlanta Business Case Division. Then State Court Judge Randy Rich implemented Gwinnett County's Business Court as a pilot program over 15 years ago,<ref>{{Cite book|title=Annual Review of Developments in Business and Corporate Litigation, Volume 1, Chapter 5, Business Courts, § 5.2.2 |publisher=American Bar Association |year=2008 |pages=202–203}}</ref> and remained a Business Court Judge in Gwinnett until that program became part of the Metro Atlanta Business Case Division,<ref>{{Cite web |last= |date=2016-07-26 |title=Gwinnett First County to Join Metro Atlanta Business Court Division |url=https://gwinnettmagazine.com/gwinnett-first-county-to-join-metro-atlanta-business-court-division/ |access-date=2024-05-16 |website=Gwinnett Magazine |language=en-US}}</ref> where, by then Superior Court Judge Rich continued to serve as a business court judge until 2020.<ref>{{Cite web |title=Honorable Randy Rich |url=https://www.johnmarshall.edu/facultystaff/honorable-randy-rich/ |access-date=2024-05-16 |website=Atlanta's John Marshall Law School |language=en-US}}</ref><ref>{{Cite book |title=Recent Developments in Business and Corporate Litigation, Chapter 3, Business Courts, § |publisher=American Bar Association |year=2017 |isbn=978-1-63425-831-9 |pages=128–129}}</ref> |
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• Renee A. Roche, Ninth Judicial Circuit of Florida, Business Court. Judge Roche was the first specialized business court judge in Florida, appointed in 2004.<ref>{{Cite web |last=Writer |first=MIKE SCHNEIDER Associated Press |title=First business court in Florida opens in Orlando |url=https://www.ocala.com/story/news/2004/02/04/first-business-court-in-florida-opens-in-orlando/31296863007/ |access-date=2024-05-14 |website=The Star Banner |language=en-US}}</ref><ref>{{Cite web |title=This Court Means Business |url=https://www.floridatrend.com/article/11042/this-court-means-business |access-date=2024-05-14 |website=Florida Trend}}</ref> Judge Roche served as a Business Court Representative to the American Bar Association's Business Law Section.<ref>{{Cite web |title=American Bar Association, Business Law Section, Business Court Representatives |url=https://www.americanbar.org/groups/business_law/about/awards-initiatives/business-court-representatives/}}</ref> Judge Roche served on the Executive Committee of the team that organized the first meeting of the American College of Business Court Judges in 2005.<ref>American College of Business Court Judges, AEI-Brookings Joint Center for Regulatory Studies, Judicial Education Program, Washington, D.C., Advanced Law and Economics Institute, October 30 - November 1, 2005, Organizational Team list, Executive Committee</ref> |
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• Ronald B. Rubin, Circuit Court of Maryland, Business and Technology Case Management Program (BTCMP). Judge Rubin served on the [[Montgomery County, Maryland|Montgomery County]] Circuit Court BTCMP from 2008 to November 2021, and has continued to serve in that program as a senior judge (as of May 2024).<ref>{{Cite web |date=2016-05-01 |title=Judge Ronald B. Rubin (Ret.) - The Platt Group, Inc |url=https://www.theplattgroup.com/neutrals/judge-ronald-b-rubin-ret/,%20https://www.theplattgroup.com/neutrals/judge-ronald-b-rubin-ret/ |access-date=2024-05-19 |website=www.theplattgroup.com |language=en-US}}</ref> He has been the statewide BTCMP's most prolific opinion writer.<ref>{{Cite web |title=Published Opinions {{!}} Maryland Courts |url=https://www.courts.state.md.us/businesstech/opinions |access-date=2024-05-19 |website=www.courts.state.md.us}}</ref> |
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• J. Stephen Schuster, who handled complex business litigation in the Superior Court of [[Cobb County, Georgia|Cobb County]], Georgia,<ref>{{Cite book |last=Lee Applebaum, Mitchell L. Bach, Beth I.Z. Boland, Brandon L. Bigelow, Jillian Folger-Hartwell, Erika C. Lazar, Eric G. Orlinsky, Damon A. Brown, Lewis M. Smoley, Donalt J. Eglington, & E. Bradley Evans |title=Annual Review of Developments in Business and Corporate Litigation, Committee on Business and Corporate Litigation, Chapter 5, §5.2.3 |date=2007 |publisher=American Bar Association |isbn=978-1-59031-863-8 |pages=158–159}}</ref> is a past president of the ACBCJ,<ref>{{Cite web |title=American College of Business Court Judges – Law & Economics Center |url=https://masonlec.org/divisions/mason-judicial-education-program/american-college-business-court-judges/ |access-date=2024-05-19 |website=masonlec.org}}</ref> past co-chair of the ABA Section of Business Law's Judges Initiative Committee,<ref>{{Cite web |title=The Sedona Conference® |url=https://thesedonaconference.org/bio/3293 |access-date=2024-05-19 |website=thesedonaconference.org}}</ref> and served as a Business Court Representative to the ABA's Business Law Section.<ref>{{Cite web |title=American Bar Association, Business Law Section, Business Court Representatives |url=https://www.americanbar.org/groups/business_law/about/awards-initiatives/business-court-representatives/}}</ref> |
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• Albert W. Sheppard, Jr., Philadelphia Court of Common Pleas' Commerce Case Management Program (Commerce Court). Judge Sheppard served on the Commerce Court from its inception in 2000, until his death in 2011.<ref>{{Cite web |title=In Memoriam – Honorable Albert W. Sheppard, Jr. |url=https://philadelphiabar.org/?pg=ResSept11_2 |access-date=2024-05-15 |website=philadelphiabar.org}}</ref><ref>{{Cite web |title=Philadelphia Commerce Court: Effective Resolution Of Business Disputes |url=https://ccbjournal.com/articles/philadelphia-commerce-court-effective-resolution-business-disputes |access-date=2024-05-15 |website=CCBJ |language=en}}</ref> Judge Sheppard participated in the first meeting of the American College of Business Court Judges in 2005.<ref>American College of Business Court Judges, AEI-Brookings Joint Center for Regulatory Studies, Judicial Education Program, Washington, D.C., Advanced Law and Economics Insitute, October 30 - November 1, 2005, Judicial Participant List</ref> |
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Patrick J. Sherlock, Circuit Court of Cook County, Illinois, Commercial Calendar. Judge Sherlock was first assigned to the Chicago Circuit Court's Commercial Calendar in 2013,<ref>{{Cite web |date=2024 |title=Judge Patrick J. Sherlock |url=https://www.bing.com/search?q=cookcountyjudges.org%2Fwp-content%2Fuploads%2F2020%2F07%2FPatrick-Sherlock-Resume.pdf&qs=n&form=QBRE&sp=-1&ghc=1&lq=0&pq=cookcountyjudges.org%2Fwp-content%2Fuploads%2F2020%2F07%2Fpatrick-sherlock-resume.pdf&sc=0-75&sk=&cvid=BBD9A3FA817E497D84C344BA0924D08E&ghsh=0&ghacc=0&ghpl= |website=Committee for Retention of Judges in Cook County}}</ref> and is now the Supervising Judge of the Commercial Calendars (as of May 2024).<ref>{{Cite web |title=Commercial Calendar Section {{!}} Circuit Court of Cook County |url=https://www.cookcountycourt.org/division/law-division/commercial-calendar-section |access-date=2024-05-21 |website=www.cookcountycourt.org |language=en}}</ref><ref>{{Cite web |title=Sherlock, Patrick J. {{!}} Circuit Court of Cook County |url=https://www.cookcountycourt.org/judge/sherlock-patrick-j |access-date=2024-05-21 |website=www.cookcountycourt.org |language=en}}</ref> |
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• Michael Silverstein, [[Rhode Island Superior Court]] Business Calendar. In 2001, Justice Silverstein was the first judge assigned to the Business Calendar, which he co-created with Superior Court Presiding Justice Joseph F. Rodgers Jr., and served until 2018.<ref>{{Cite web |last=Mulvaney |first=Katie |title=A judge's judge |url=https://www.providencejournal.com/story/news/courts/2018/08/14/retiring-judge-silverstein-is-role-model-on-bench-his-peers-say/11059595007/ |access-date=2024-05-15 |website=The Providence Journal |language=en-US}}</ref><ref>{{Cite web |last=Jr |first=Joseph S. Larisa |title=A great R.I. judge steps down |url=https://www.providencejournal.com/story/opinion/2018/09/28/my-turn-joseph-s-larisa-jr-great-ri-judge-steps-down/9765653007/ |access-date=2024-05-15 |website=The Providence Journal |language=en-US}}</ref> |
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• Joseph R. Slights, III, Delaware Superior Court Complex Commercial Litigation Division (CCLD). Judge Slights was instrumental in creating the CCLD and served as one of its first judges. He was later a Vice Chancellor in Delaware's Court of Chancery.<ref>{{Cite web |last=Owens |first=Jacob |date=2022-01-14 |title=Vice Chancellor Slights to retire |url=https://delawarebusinesstimes.com/news/vice-chancellor-slights-to-retire/ |access-date=2024-05-15 |website=Delaware Business Times |language=en-US}}</ref><ref>{{Cite web |title=Joseph R. Slights III |url=https://law.wlu.edu/faculty/affiliated-faculty/joseph-slights |access-date=2024-05-15 |website=Washington and Lee University |language=en}}</ref> Judge Slights participated in the first meeting of the American College of Business Court Judges in 2005.<ref>American College of Business Court Judges, AEI-Brookings Joint Center for Regulatory Studies, Judicial Education Program, Washington, D.C., Advanced Law and Economics Insitute, October 30 - November 1, 2005, Judicial Participant List</ref> |
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• Thomas B. Smith, Ninth Judicial Circuit of Florida ([[Orange County, Florida|Orange]] and [[Osceola County, Florida|Osceola]] Counties), Business Court. In 2003, Judge Smith initiated the idea of establishing a specialized business court in the Ninth Circuit, which was created the following year by order of President Judge [[Belvin Perry]]. Judge Smith later served as a Business Court judge.<ref>{{Cite web |date=2024-05-13 |title=Judges Mourn the Passing of Retired Judge Thomas B. Smith {{!}} Ninth Judicial Circuit Court of Florida |url=https://ninthcircuit.org/news/judges-mourn-passing-retired-judge-thomas-b-smith |access-date=2024-05-15 |website=ninthcircuit.org |language=en}}</ref> Both Judges Smith and Perry participated in the first meeting of the American College of Business Court Judges in 2005.<ref>American College of Business Court Judges, AEI-Brookings Joint Center for Regulatory Studies, Judicial Education Program, Washington, D.C., Advanced Law and Economics Insitute, October 30 - November 1, 2005, Judicial Participant List</ref> |
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• Thomas A. Stander, New York Seventh Judicial District Commercial Division, [[Monroe County, New York|Monroe County]]. The [[Rochester, New York|Rochester]] based Commercial Division was created simultaneously with the Manhattan Commercial Division, effective November 6, 1995, with Judge Stander selected to be its first judge, who regarded and pursued active case management as a key objective.<ref>{{Cite news |last=Stander |first=Hon. Thomas A. |date=November 7, 1996 |title=Supreme Court, Monroe County, Commercial Division (one year report)}}</ref><ref>{{Cite web |last=Astor |first=Will |date=1999-10-08 |title=Thomas Stander: A man of the law who knows his business |url=https://rbj.net/1999/10/08/thomas-stander-a-man-of-the-law-who-knows-his-business/ |access-date=2024-05-17 |website=Rochester Business Journal |language=en-US}}</ref><ref>{{Cite web |title=Commercial Division Law Report, Statement of Hon. Judith S. Kaye (January 2000) |url=https://www.nycourts.gov/LegacyPDFS/courts/comdiv/lawreport/law_report_-_january_2000.pdf}}</ref> He led that Commercial Division for ten years.<ref>{{Cite web |title=Hon. Thomas A. Stander |url=https://adamsleclair.law/attorneys/hon-thomas-a-stander/ |access-date=2024-05-17 |website=Adams Leclair |language=en-US}}</ref> |
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• Brian P. Stern, Rhode Island Superior Court, Business Calendar. Justice Stern has been a Business Calendar judge since 2011,<ref>{{Cite journal |last=Harmony Conti Bodurtha & Catherine A. Shaghalian |date=2018 |title=The Business Calendar: A Deeper Bench |url=https://www.ribar.com/UserFiles/RIBar_Mar-Apr_2018_Jrnl_F.pdf |journal=Rhode Island Bar Journal |volume=66 |issue=5 |pages=13–19}}</ref> and remains so (as of May 2024).<ref>{{Cite web |last=Gibney |first=Presiding Justice Alice Bridget |date=May 2, 2024 |title=State of Rhode Island, Superior Court, Administrative Order 2024-04 |url=https://www.courts.ri.gov/Courts/SuperiorCourt/SuperiorAdmOrders/24-04.pdf#search=stern}}</ref> |
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• Brian R. Sullivan, Michigan Circuit Court, Business Court. Judge Sullivan has been a Business Court judge in [[Wayne County, Michigan|Wayne County]] ([[Detroit]]) since the Business Court's inception in 2013 (as of May 2024).<ref>{{Cite web |title=Third Judicial Circuit of Michigan, Press Release, Business Court Expands to 5 Judges |url=https://www.3rdcc.org/Documents/Administration/General/PressReleases/PR_Business_Court_Judges.pdf}}</ref> |
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• John Telleen, [[Iowa District Courts|Iowa District Court]], Business Specialty Court. Seventh Judicial District Judge Telleen was one of the three judges originally appointed to the Iowa Business Specialty Court Pilot Project in 2013,<ref>{{Cite web |date=2014 |title=Iowa Business Specialty Court Pilot Project, Initial Evaluation |url=https://www.iowacourts.gov/static/media/cms/Business_court_evaluation_8_07CC3F00FCB7D.pdf}}</ref> and remains one of the judges on the permanent court (as of May 2024).<ref>{{Cite web |title=Iowa Business Specialty Court |url=https://www.iowacourts.gov/iowa-courts/district-court/iowa-business-specialty-court/ |access-date=2024-05-21 |website=www.iowacourts.gov |language=en-us}}</ref> He is a Director of the American College of Business Court Judges.<ref>{{Cite web |title=American College of Business Court Judges – Law & Economics Center |url=https://masonlec.org/divisions/mason-judicial-education-program/american-college-business-court-judges/ |access-date=2024-05-21 |website=masonlec.org}}</ref> |
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• [[Ben F. Tennille]], North Carolina Business Court. Judge Tennille was the first North Carolina Business Court judge in 1995 and served as the leader of that court until his retirement in 2011. He has been influential<ref>{{Cite web |date=2023-06-07 |title=North Carolina Business Court Article and Some NC Business Court History and Influence – Business Courts Blog |url=https://www.businesscourtsblog.com/north-carolina-business-court-article-and-some-nc-business-court-history-and-influence/ |access-date=2024-05-18 |language=en-US}}</ref> in the growth of business courts nationally<ref>{{Cite book |last=Diane Akers, Lee Applebaum, Hema P. Mehta, Mitchell L. Bach, Beth I.Z. Boland, Brandon L. Bigelow, Carolyn B. French, John S. Buford, Manuel Farach, Jillian S. Folger-Hartwell, Timothy K. Baldwin, Peter A. Mahler, Corey E. Manning, Carmen Harper Thomas, Eric G. Orlinsky & Jacqueline L. Allen |title=Annual Review of Developments in Business and Corporate Litigation, Business and Corporate Litigation Committee, Volume 1, Chapter 5, § 5.2.3 |publisher=American Bar Association |year=2011 |isbn=978-1-61632-870-2 |publication-date=2011 |pages=354–355}}</ref> and internationally.<ref>{{Cite web |title=Transitioning Off the Bench and Then Some – A Pursuit of Justice |url=https://www.apursuitofjustice.com/transitioning-off-the-bench-and-then-some/ |access-date=2024-05-17 |website=www.apursuitofjustice.com}}</ref> He inspired the founding of the American College of Business Court Judges, of which he was the first president.<ref>{{Cite web |last=CRAVER |first=RICHARD |date=2011-03-13 |title=Judge Tennille set the bar for state business courts |url=https://journalnow.com/business/judge-tennille-set-the-bar-for-state-business-courts/article_393f887f-f772-5241-9e06-5bde092ad42e.html |access-date=2024-05-14 |website=Winston-Salem Journal |language=en}}</ref><ref>{{Cite web |date=2023-06-07 |title=North Carolina Business Court Article and Some NC Business Court History and Influence – Business Courts Blog |url=https://www.businesscourtsblog.com/north-carolina-business-court-article-and-some-nc-business-court-history-and-influence/ |access-date=2024-05-14 |language=en-US}}</ref> He was a driving force behind creating the American Bar Association's Judges Initiative Committee and Business Court Representatives Program.<ref name=":3" /> |
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• Sean D. Wallace, Circuit Court of Maryland. Judge Wallace served on the Prince Georges County Circuit Court and as a Maryland courts chair of the business and technology case management subcommittee from 2015-2020.<ref>{{Cite web |title=Sean D. Wallace, Maryland Circuit Court Judge |url=https://msa.maryland.gov/msa/mdmanual/31cc/html/msa13808.html |access-date=2024-05-19 |website=msa.maryland.gov}}</ref> He is a past president of the American College of Business Court Judges,<ref>{{Cite web |title=American College of Business Court Judges – Law & Economics Center |url=https://masonlec.org/divisions/mason-judicial-education-program/american-college-business-court-judges/ |access-date=2024-05-19 |website=masonlec.org}}</ref> and was a Business Court Representative to the American Bar Association's Business Law Section.<ref>{{Cite web |title=American Bar Association, Business Law Section, Business Court Representatives |url=https://www.americanbar.org/groups/business_law/about/awards-initiatives/business-court-representatives/}}</ref> |
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• Christine A. Ward, Court of Common Pleas of [[Allegheny County, Pennsylvania|Allegheny County]] ([[Pittsburgh]]), Pennsylvania, Commerce and Complex Litigation Center. Judge Ward was one of two judges appointed in 2007 to serve on the newly created Commerce and Complex Litigation Center, along with legendary Pennsylvania Judge [[R. Stanton Wettick Jr.]]<ref>{{Cite journal |last=Ward |first=Hon. Christine A. |date=2009 |title=Commerce Court: A Small Part of the Chief's Legacy |url=https://dsc.duq.edu/cgi/viewcontent.cgi?article=3646&context=dlr |journal=Duquesne Law Review |volume=47 |issue=3 |pages=573–578}}</ref><ref>{{Cite book |last=Lee Applebaum, Hema P. Mehta, Mitchell L. Bach, Beth I.Z. Boland, Brandon L. Bigelow, Donalt J. Eglington, E. Bradley Evans, Jillian S. Folger-Hartwell, David W. Hercher, Corey E. Manning, Eric G. Orlinsky, Damon A. Brown & Lewis M. Smoley |title=Annual Review of Developments in Business and Corporate Litigation, Committee on Business and Corporate Litigation, Volume 1, Chapter 5, § 5.2.2 |publisher=American Bar Association |year=2008 |pages=198}}</ref> She remains a judge in that program, as of May 2024,<ref>{{Cite web |title=Judicial Special Assignments |url=https://www.alleghenycourts.us/civil/about/special-case-types/ |access-date=2024-05-15 |website=Fifth Judicial District of Pennsylvania |language=en-US}}</ref> while also serving as the Civil Division's Administrative Judge.<ref>{{Cite news |date=October 20, 2017 |title=Supreme Court of Pennsylvania, In Re: Appointment of Administrative Judge of the Civil Division of the Court of Common Pleas of the Fifth Judicial District of Pennsylvania |url=https://www.pacourts.us/assets/opinions/Supreme/out/343ccp.pdf}}</ref> Judge Ward is a past president of the American College of Business Court Judges.<ref>{{Cite web |title=American College of Business Court Judges – Law & Economics Center |url=https://masonlec.org/divisions/mason-judicial-education-program/american-college-business-court-judges/ |access-date=2024-05-15 |website=masonlec.org}}</ref> |
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• Heather Welch, [[Indiana Superior Courts|Marion County Superior Court]], Commercial Court. Judge Welch was integral to the creation of Indiana's Commercial Courts, co-creating a Commercial Courts Working Group in 2014, ultimately leading to pilot Commercial Courts being implemented in 2016.<ref>{{Cite web |title=Indiana Commercial Courts Handbook, pages 7-9 |url=https://www.in.gov/courts/iocs/files/comm-ct-handbook.pdf}}</ref> She served as a Commercial Court judge in [[Marion County, Indiana|Marion County]] ([[Indianapolis]]) from the pilot stage until her retirement in early 2024.<ref>{{Cite web |last=Odendahl |first=Marilyn Odendahl |date=2023-10-30 |title=Judge Heather Welch retiring from Marion County bench, continuing career in the law |url=https://www.thestatehousefile.com/politics/judge-heather-welch-retiring-from-marion-county-bench-continuing-career-in-the-law/article_8f8235ae-773e-11ee-95e1-6f828eb17277.html |access-date=2024-05-19 |website=The Statehouse File |language=en}}</ref> She is an officer of the American College of Business Court Judges, on track to become its president,<ref>{{Cite web |title=American College of Business Court Judges – Law & Economics Center |url=https://masonlec.org/divisions/mason-judicial-education-program/american-college-business-court-judges/ |access-date=2024-05-19 |website=masonlec.org}}</ref> was a Business Court Representative to the American Bar Association's Business Law Section,<ref>{{Cite web |title=American Bar Association, Business Law Section, Business Court Representatives |url=https://www.americanbar.org/groups/business_law/about/awards-initiatives/business-court-representatives/}}</ref> and has co-chaired its Business Courts Subcommittee.<ref>{{Cite web |title=Heather Welch, JAMS Mediator and Arbitrator |url=https://www.jamsadr.com/welch |access-date=2024-05-19 |website=www.jamsadr.com |language=en}}</ref> |
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• Ira B. Warshawsky, New York Commercial Division. Judge Warshawsky served as a Commercial Division Judge in Nassau County from 2002 to 2011, and is a past president of the American College of Business Court Judges.<ref>{{Cite news |last=Schlosser |first=Kevin |date=September 23, 2003 |title=Commercial Division: Judges Help Shape Procedure and Law |work=New York Law Journal |pages=16}}</ref><ref>{{Cite web |title=Hon. Ira B. Warshawsky, Hearing Officer Resume |url=https://www.namadr.com/content/uploads/2018/06/Warshawsky-Ira-B-1.pdf}}</ref><ref>{{Cite web |title=American College of Business Court Judges – Law & Economics Center |url=https://masonlec.org/divisions/mason-judicial-education-program/american-college-business-court-judges/ |access-date=2024-05-15 |website=masonlec.org}}</ref> |
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• Craig L. Wellerson, [[New Jersey Superior Court|Superior Court of New Jersey]], Complex Business Litigation Program (CBLP). [[Ocean County, New Jersey|Ocean County]] Judge Wellerson was among the first set of county judges designated to the CBLP at its 2015 inception.<ref>{{Cite web |last=Grant |first=Acting Administrative Director of the Courts Glenn A. |date=November 13, 2014 |title=Notice to the Bar, Complex Business Litigation Program |url=https://www.njcourts.gov/sites/default/files/notices/2014/11/n141113b.pdf?cb=72988eaa}}</ref> He remains a CBLP judge (as of May 2024), and is Chair of the Committee of Complex Business Litigation Judges.<ref>{{Cite web |title=Committee Of Complex Business Litigation Judges By Vicinage {{!}} NJ Courts |url=https://www.njcourts.gov/courts/civil/cbl-judges-directory |access-date=2024-05-22 |website=www.njcourts.gov}}</ref> |
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• Christopher C. Wilkes, [[West Virginia Circuit Courts|Circuit Court of West Virginia]], Business Court Division. Judge Wilkes served as the first chair of the Business Court Division from 2012-2018,<ref>{{Cite web |last=Workman |first=Chief Justice Margaret L. |title=Administrative Order, Supreme Court of Appeals of West Virginia, Re: Reappointment of Business Court Division Chair (October 7, 2015) |url=https://www.courtswv.gov/sites/default/pubfilesmnt/2023-06/2015-10-07_TCR-WilkesChair.pdf}}</ref><ref>{{Cite web |last=Workman |first=Chief Justice Margaret L. |title=Administrative Order, Supreme Court of Appeals of West Virginia, Re: Appointment of the Honorable Christopher C. Wilkes to Continue as Chair of the Business Court Division (November 21, 2018) |url=https://www.courtswv.gov/sites/default/pubfilesmnt/2023-06/2018-11-21_Wilkes.Chair_.Dec_.9.pdf}}</ref> and continued with the business court as a senior judge, with a term expiring on December 31, 2024.<ref>{{Cite web |last=Umstead |first=Matthew |title=Retiring longtime Eastern Panhandle circuit judge "looking forward to the next chapter" |url=https://www.heraldmailmedia.com/story/news/local/2018/12/20/retiring-longtime-eastern-panhandle-circuit-judge-looking-forward-to-the-next-chapter/44509839/ |access-date=2024-05-16 |website=Herald-Mail Media |language=en-US}}</ref><ref>{{Cite web |title=Supreme Court of Appeals of West Virginia, Business Court Division |url=https://www.courtswv.gov/lower-courts/business-court-division/judges-staff}}</ref> He also served as a Business Court Representative to the American Bar Association's Business Law Section.<ref>{{Cite web |title=American Bar Association, Business Law Section, Business Court Representatives |url=https://www.americanbar.org/groups/business_law/about/awards-initiatives/business-court-representatives/}}</ref> |
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• Robert C. Wilson, Superior Court of New Jersey, [[Bergen County, New Jersey|Bergen County]], Complex Business Litigation Program (CBLP). Judge Wilson was assigned as the CBLP judge in Bergen County when that program began in 2015, until his 2023 retirement,<ref>{{Cite web |date=2023-02-13 |title=New Complex Business Litigation Program Judge Named in Bergen County, New Jersey, Replacing Longstanding Business Court Judge – Business Courts Blog |url=https://www.businesscourtsblog.com/new-complex-business-litigation-program-judge-named-in-bergen-county-new-jersey/ |access-date=2024-05-17 |language=en-US}}</ref> but even before that he had experience as a business court judge in Bergen County,<ref>{{Cite web |last= |date=2014-11-21 |title=A Look at the First Judges Assigned to the State's New Complex Business Litigation Program |url=https://civiljusticenj.org/a-look-at-the-first-judges-assigned-to-the-states-new-complex-business-litigation-program/ |access-date=2024-05-17 |website=NJCJI |language=en-US}}</ref> which had a history of specialized assignments of complex commercial cases.<ref>{{Cite journal |last=Mitchell L. Bach and Lee Applebaum |date=2004 |title=A History of the Creation and Jurisdiction of Business Courts in the Last Decade |journal=The Business Lawyer |volume=60 |issue=1 |pages=171–173}}</ref> |
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• Christopher P. Yates, [[Kent County, Michigan]] Circuit Court, Business Court. He was the original business court judge in Kent County, serving in that position for a decade until his 2022 appointment to Michigan's intermediate appellate court.<ref>{{Cite web |last=Ellison |first=Garrett |date=2013-04-06 |title=Circuit court judges in Kent, Ottawa counties will begin hearing 'business court' cases in July |url=https://www.mlive.com/business/west-michigan/2013/04/circuit_court_judges_in_kent_o.html |access-date=2024-05-14 |website=mlive |language=en}}</ref><ref>{{Cite web |date=2018-03-01 |title=Q & A with Judge Christopher P. Yates, Michigan Court of Appeals |url=http://community.icle.org/blogs/lisa-f-geherin/2018/03/01/q-a-with-hon |access-date=2024-05-14 |website=community.icle.org |language=en}}</ref> As of May 2024, he is the President of the American College of Business Court Judges.<ref>{{Cite web |title=American College of Business Court Judges – Law & Economics Center |url=https://masonlec.org/divisions/mason-judicial-education-program/american-college-business-court-judges/ |access-date=2024-05-14 |website=masonlec.org}}</ref> He is a past co-chair of the American Bar Association's Judges Initiative Committee<ref>{{Cite web |title=Christopher P. Yates, Author at Business Law Today from ABA |url=https://businesslawtoday.org/author/christopher-p-yates/ |access-date=2024-05-14 |website=Business Law Today from ABA |language=en}}</ref> and has written on the role of the ABA in developing business courts.<ref>{{Cite web |last=Yates |first=Hon. Christopher P. |title=The ABA's Contribution to the Development of Business Courts in the United States, 75 Business Lawyer 2077 (Summer 2020) |url=https://s3.amazonaws.com/cdn.kelleydrye.com/content/uploads/attachments/The-Business-Lawyer-Summer-2020.pdf}}</ref> |
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• Roger M. Young, Sr., South Carolina Circuit Court, Business Court. Ninth Judicial Circuit ([[Charleston, South Carolina|Charleston]]) Judge Young was among the first judges appointed to the Business Court in 2007,<ref>{{Cite web |last=Toal |first=Chief Justice Jean Hoefer |title=The Supreme Court of South Carolina, Re: Business Court Pilot Program, Administrative Order No. 2007-09-07-01 |url=https://www.sccourts.org/courtOrders/displayOrder.cfm?orderNo=2007-09-07-01}}</ref> was appointed Chief Business Court Judge for Administrative Purposes in 2016, and through later orders has been reappointed to that position (as of May 2024).<ref>{{Cite web |last=Beatty |first=Chief Justice Donald W. |title=The Supreme Court of South Carolina, Re: Amended Business Court Program, Administrative Order 2023-07-14-01 |url=https://www.sccourts.org/whatsnew/displaywhatsnew.cfm?indexID=2815}}</ref> |
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== References == |
== References == |
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* [https://web.archive.org/web/20120913000348/http://www.law.umaryland.edu/academics/journals/jbtl/bus_tech_res.html Business Court Resources], University of Maryland School of Law |
* [https://web.archive.org/web/20120913000348/http://www.law.umaryland.edu/academics/journals/jbtl/bus_tech_res.html Business Court Resources], University of Maryland School of Law |
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* [https://www.ncsc.org/cji/best-resources Best of the Best Civil Justice Resources, Business/Commercial Courts], National Center for State Courts |
* [https://www.ncsc.org/cji/best-resources Best of the Best Civil Justice Resources, Business/Commercial Courts], National Center for State Courts |
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* [https://www.businesscourtsblog.com/ Business Courts Blog] ( |
* [https://www.businesscourtsblog.com/ Business Courts Blog] (2018–present) |
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[[Category:United States business law]] |
[[Category:United States business law]] |
Revision as of 16:16, 23 June 2024
Business Courts, sometimes referred to as Commercial Courts, are trial courts that primarily or exclusively adjudicate internal business disputes and/or commercial litigation between businesses, heard before specialist judges assigned to these courts.[1][2] Commercial Courts outside the United States may have broader or narrower jurisdiction than state trial level business and commercial courts within the United States, for example patent or admiralty jurisdiction;[3] and jurisdiction may vary between countries.[4]
Business and Commercial Courts in the United States
Business Courts in the United States have been established in approximately twenty-five states. In some cases, a state legislature may choose to create a business court by statute. In other cases, business courts have been established by judicial rule or order, at the state supreme court or trial court level.[5] Georgia created a statewide business court by constitutional amendment.[6]
Types of jurisdictional models
In virtually all cases, the jurisdiction of the court to hear certain cases is limited to disputes that are in some way related to "business" or commercial disputes, and generally fall into two categories: (1) those courts which require that cases have an additional complexity component; and (2) those courts which establish jurisdictional parameters (i) through a defined list of case types (ii) combined with a specified minimum amount of damages in controversy, irrespective of complexity.[7]
In New York, for example, the trial level Supreme Court Commercial Division[8] follows the case type and jurisdictional amount in controversy model, giving jurisdiction over 12 listed business and commercial case categories while setting out monetary thresholds ranging from $50,000 in some counties to $500,000 in Manhattan.[9] The Massachusetts Superior Court's Business Litigation Session (BLS)[10] includes a jurisdictional list of case types, but instead of focusing on monetary thresholds as a gatekeeping mechanism, cases are included only where "the BLS in the sound discretion of the BLS Administrative Justice, based principally on the complexity of the case and the need for substantial case management," selects a case for inclusion.[11]
There are mixed models as well, with some mandatory case type categories specifically listed, and other discretionary types requiring an element of complexity. The Maryland Circuit Court's Business and Technology Case Management Program includes certain "presumptive" mandatory case types, while others categories require a judge to more subjectively determine if they are complex enough to include on the docket.[12] North Carolina's Business Court[13] has a similar mixed model that makes jurisdiction mandatory if the listed commercial case type is over $5,000,000, but discretionary if under,[14] as well as a seldom used rule allowing judicial discretion.[15]
History of business and commercial court creation and development
The modern creation of specialized Business Courts in the United States began in the early 1990s,[16] and has expanded greatly in the last thirty years.[17] Business courts (which are often business programs or divisions within existing trial level courts) are operating in New York County/Manhattan,[18] and 10 other jurisdictions throughout New York State as the New York Supreme Court Commercial Division,[19] Chicago, [20] North Carolina,[21] New Jersey,[22] Philadelphia[23] and Pittsburgh,[24] Pennsylvania, Reno[25] and Las Vegas,[26] Nevada, Massachusetts,[27] Rhode Island,[28] Maryland,[29] Orlando,[30] Miami,[31] Ft. Lauderdale,[32] and Tampa,[33] Florida, Michigan,[34] Cincinnati,[35] Cleveland[36] and Toledo,[37] Ohio, Iowa,[38] Maine,[39] New Hampshire,[40] Metro Atlanta[41] regionally and Georgia State-wide Business Court statewide,[42] Delaware's Superior Court[43] and Court of Chancery,[44] Nashville, Tennessee,[45] Wisconsin,[46] Indiana,[47] Phoenix, Arizona,[48] Kentucky,[49] South Carolina,[50] West Virginia,[51] and Wyoming.[52] This map shows states having business courts either statewide, in multiple counties or cities, or within a single major city or county, which is accurate through April 2023.
In 2023, Utah adopted legislation creating a statewide Business and Chancery Court, which will become operational in 2024.[53] On June 9, 2023, Texas' governor signed an Act into law creating a Business Court.[54] The new law became effective in September 2023, but the Business Court will not be open for cases until September 2024 at the earliest.[55]
Delaware's Court of Chancery, the pre-eminent court addressing intra-business disputes, has functioned as a business court of limited jurisdiction for a century.[56] However, its traditional equity jurisdiction has evolved and expanded since 2003 to include technology disputes (10 Del. C. § 346), some purely monetary commercial disputes (10 Del. C. § 347), and to expand its role in the alternative dispute resolution of business and commercial disputes. This includes the use of mediation (10 Del. C. § 347), Masters in Chancery to adjudicate matters (10 Del. C. § 350), and agreements to make decisions non-appealable (10 Del. C. § 351).[57]
Other states have a mixed history. In New York, Chicago, Philadelphia, Massachusetts,[58] North Carolina, South Carolina,[59] and New Jersey,[60] among other states with business courts, the original programs have expanded by adding judges and/or by expanding into additional cities and counties.[61][62] Around 2000, Colorado's Supreme Court studied a business court, but did not pursue it,[63] and the Denver District Court later experimented for three years with a business court, known as the Civil Access Pilot Project. Orlando's business court was restored in October 2019,[64] after an earlier funding shortage.[65] In 2015, New Jersey's Supreme Court created a statewide Complex Business Litigation Program[66] after having only a few counties with business courts before that.[67] In 2009, Milwaukee's Circuit Court ended a little used business court program,[68] but Wisconsin's Supreme Court implemented a business court pilot program in 2017 which has expanded to a number of circuit courts and judicial districts.[69] Oklahoma Statute §20-91.7 (2004) authorizes the Oklahoma's Supreme Court to create business court divisions in Tulsa and Oklahoma City,[70] but it has not; however, in 2024, Oklahoma's Governor supports business courts for Oklahoma.[71] The Hamilton County, Ohio Court of Common Pleas discontinued its Commercial Docket in 2017, but revived it in 2024.[72]
U.S. complex civil litigation dockets and complex business/commercial cases
California,[73] Connecticut,[74] Oregon,[75] and Minnesota courts have created specialized dockets for complex litigation within their civil trial courts,[76] tying specialization to process and case management rather than legal subject matter. Minnesota's General Rules of Practice[77] provide an example of this focus on the numbers of witnesses and parties, need for experts, and legally complex issues. California's complex litigation programs are not statewide, but includes at least the following Superior Courts: Alameda,[78] Contra Costa,[79] Los Angeles,[80] Orange,[81] Riverside,[82] Sacramento,[83] San Francisco,[84] San Mateo,[85] and Santa Clara.[86]
These programs can include sufficiently complex business and commercial disputes among a broader range of case types. There is a sufficient relationship between these specialized complex litigation dockets and business courts that, for example, former Orange County Complex Litigation Program Judge Gail A. Andler[87] is a past president of the American College of Business Court Judges (ACBCJ),[88][89] and a number of California's complex litigation judges (including Judge Elihu Berle[90]), and Minnesota complex litigation Judge Jerome Abrams,[91] have served as Business Court Representatives[92] to the American Bar Association's Section of Business Law. Judge Abrams is a 2023-2024 Vice President of the ACBCJ.[88] Judge Berle is also a current officer of the ACBCJ (as of May 2024), has spoken at its judicial education programs, and participated in its first meeting in 2005.[93][94][95]
International Business and Commercial Courts
Business and Commercial Courts exist internationally as well,[96][97][98] including, for example, in England and Wales,[99] Toronto,[100] Montreal,[101] Quebec,[102] and Alberta,[103] Canada, Ireland,[104] Scotland,[105] Denmark,[106] the Netherlands,[107][108] Hong Kong, Belgium, Bermuda,[109] Queensland[110] and Victoria, Australia,[111] New Zealand (Commercial Panel),[112] Northern Ireland,[113] Qatar,[114] Dubai,[115] Spain,[116][117][118] France[119] (where the commercial courts are not divisions of other civil courts, but are autonomous[120]), Switzerland,[121][122] Austria,[123]Tanzania,[124] Rwanda,[125] Lesotho,[126] South Africa,[127] the British Virgin Islands,[128] St. Lucia,[129] Cayman Islands,[130] Guyana,[131] India,[132] Japan,[133][134] Malaysia,[135] Thailand,[136] Kenya,[137] Malawi,[138] Saudi Arabia,[139] and Croatia.[140]
Use of the term "international commercial court" can also mean a forum for adjudicating disputes between parties from different nations, and not as a means to reference commercial courts in a country other than the United States. New English language commercial courts have been created in Paris, Frankfurt, the Netherlands,[141][142][143] Stuttgart and Mannheim, Germany,[144] Singapore,[145] Abu Dhabi,[146] Kazakhstan,[147] Qatar,[148] and Bahrain.[149] This reflects the growth in international commercial courts designed to hear disputes among parties from different nations.[150][151][152] The DIFC Courts in Dubai have had an English language international court for nearly two decades.[153] Some international commercial courts include foreign judges with commercial court experience on their bench,[154][155][156] for example, former Delaware Vice Chancellor and Supreme Court Justice Carolyn Berger serving on Singapore's International Commercial Court.[157]
The Business and Property Courts of England and Wales,[158] located in the Rolls Building, encompass 13 different courts or lists, for example, the Commercial Court,[159] the Business List,[160] and the Intellectual Property Enterprise Court.[161] One object of creating this consolidated forum for the business and commercial courts of England and Wales was to maintain the international preeminence of their courts for dispute resolution.[162]
In 2023, 40% of London's Commercial Court cases involved opposing parties from different nations, and 64% involved a mix of UK parties and international parties.[163][2] There is a view that the more recently created commercial courts designed to hear disputes between parties of different nations will compete with the London based commercial courts as the preferred litigation forum for international commercial disputes.[164] In 2017, New York's Commercial Division added a "Large Complex Case List," modeled on the Business and Property Courts' Financial List for high stakes commercial litigation, as part of an overall effort to compete with the London based commercial courts as a preferred forum for international litigation.[165][166][167]
The jurisdictional scope of commercial courts outside the United States[168] may have some differences with U.S. state level specialized business and commercial courts. For example, the Business and Property Courts of England and Wales include specialized courts or lists for admiralty,[169] insolvency,[170] and patents,[171] which in the United States would typically be subject to jurisdiction in federal tribunals, such as the United States Bankruptcy Courts[172] or the United States District Courts, and not in specialized state trial level business courts. The scope of any commercial court's jurisdiction may vary between countries.[173]
The Standing International Forum of Commercial Courts (SIFoCC) was created in 2016.[174] From 2017 through 2024, the SIFoCC has held five full meetings, with dozens of judges from around the world, most recently in April 2024 in Doha, Qatar.[175][176][177][178] In its 2023 policy resolution, the Association of Corporate Counsel recognizes and endorses the creation and support of business courts internationally, as well as in the United States.[179]
Technology Disputes & Cyber Courts
In the United States and internationally, "[t]he notion of specialized courts to decide technology disputes has a rich history with noteworthy milestones."[180]
Some states have established specialized business and commercial courts that include technology disputes as part of their express jurisdiction.[181] Through legislative effort and court rule, in 2003, Maryland established a Business and Technology Case Management Program.[182] In May 2003, Delaware expanded the Court of Chancery's jurisdiction to include technology disputes (10 Del. C. § 346).[57] West Virginia's Business Court Division Rule 24.09[183] includes technology issues. The Tennessee's Business Court Docket encompasses technology and biotechnology licensing.[184] North Carolina's Business Court jurisdiction includes computer software, information technology and systems, data and data system security, biotechnology and bioscience technology.[185] Michigan's business court jurisdiction (MCL Sec. 600.8031(2)(b)) includes disputes "involving information technology, software, or website development, maintenance, or hosting...."[186] Wyoming Chancery Court Rule 2(b)(17) provides jurisdiction over disputes "concerning a digital asset registered under W.S. § 34‑29‑201 through 34‑29‑209[187]...."[188] New York Commercial Division Rule 202.70(b)(1), was amended in 2024 to expressly include "technology transactions and/or commercial disputes involving or arising out of technology".[189] This amendment is intended to make clear that New York is as experienced in handling technology as any other state's courts.[190]
There are also examples of international courts expressly addressing technology disputes as part of their jurisdiction. Singapore's International Commercial Court (Practice Direction XXIV) includes a Technology, Infrastructure, and Construction List.[191] In 2024, the Commercial Court, within Ireland's High Court, was in the process of developing "a specialist sub-list called the Intellectual Property and Technology List with specialist judges from the Commercial Court." The Victoria, Australia Commercial Court expressly includes jurisdiction over "Proceedings relating to technology, engineering and/or construction...."[192] The DIFC Courts Technology and Construction Division has jurisdiction over, among other things, "claims relating to the design, supply and/or installation of computers, computer software and related network and information technology systems and services...."[193]
Some jurisdictions emphasized the idea that newly created business courts would make use of cutting edge technologies in handling business litigation, becoming so-called "cyber courts"[194][195][196] For example, North Carolina's Business Court was an early proponent of electronic filing and high-tech courtrooms.[197] New York's Commercial Division created "Courtroom 2000" making various technologies available for use by the courts and parties, while also serving as "a technological laboratory" for later use in all of New York's state courts.[198] The use of technology in case management may be especially apt in international commercial courts, with litigation between parties from different nations.[199] For example, the ADGM Courts in Abu Dhabi self-describe as "the world's first end-to-end, fully digital courts platform...."[200]
Entities and Committees Involved in Developing and Maintaining Business Courts
The history of business and commercial courts in the United States provides considerable examples of task forces, advisory bodies, bar associations and other entities involved in their creation, development and refinement, and in providing education on their operations.
Entities created by or with courts, legislature or executive branch of government
A number of business courts were created after studies carried out by task forces preceding a business court's creation. For example, North Carolina's Governor established the North Carolina Commission on Business Laws and the Economy,[201] New York Chief Judge Judith S. Kaye created a Commercial Courts Task Force,[202] a Nevada Legislative Commission formed a Subcommittee to Encourage Corporations and Other Business Entities to Organize and Conduct Business in this State,[203] Maryland's General Assembly created a Business and Technology Court Task Force,[204] and the South Carolina Bar, with South Carolina Supreme Court approval, created a Task Force on Courts.[205] Other examples of states creating task forces to study and make recommendations concerning the implementation of business courts include, among others, Maine,[206] Indiana,[207] Michigan,[208] West Virginia,[209] Arizona,[210] Georgia,[211] Iowa,[212] New Jersey,[213] Ohio,[214] Delaware,[215] Mississippi[216] (no court created), Texas,[217] and Oklahoma (May 2024).[218]
Other groups have studied and reported on operations and practices in functioning business and commercial courts, to provide information and/or recommendations. Massachusetts, Superior Court Chief Justice Suzanne V. DelVecchio[219] created a Business Litigation Resource Committee.[220] Arizona's Supreme Court created the Commercial Court Review Committee.[221] Iowa's State Court Administration has made annual reviews of the Iowa Business Specialty Court .[222] Tennessee's Supreme Court created a Business Court Docket Advisory Commission.[223] The North Carolina Administrative Office of the Courts submits annual reports on the North Carolina Business Court.[224] West Virginia's Business Court Division makes annual reports.[225] Wisconsin's Supreme Court created the Business Courts Advisory Committee.[226] In 2023, Utah's Supreme Court created an Advisory Committee on the Rules of Business and Chancery Procedure.[227][228]
Some councils and committees take an active role in business courts' ongoing operations. In 2013, New York Court of Appeals Chief Judge Jonathan Lippman established the New York Commercial Division Advisory Council (CDAC) to implement an earlier task force's recommendations.[229] The CDAC "is composed of distinguished commercial practitioners and Judges from around the state and [has been] chaired by Robert L. Haig, Esq. [since its inception]."[230][231] In addition to providing education about the Commercial Division,[232] the CDAC has regularly recommended Commercial Division rule changes that have been adopted after an opportunity for public comment.[233][234] Indiana's Commercial Courts Working Group evolved into the Commercial Courts Committee which has been intimately involved with developing Indiana's Commercial Court Pilot Program and permanent courts.[235]
International examples include, among others, the DIFC Courts' "Court Users Committee"[236] and Rules Committee,[237] Scotland's Consultive Committee on Commercial Actions,[238] the Singapore International Commercial Courts Committee,[239] Rwanda's Business Law Reform Cell,[240] and Kenya's Business Court Users Committee.[241]
Bar associations are also involved. The Philadelphia Bar Association's Business Litigation Committee plays a role in selecting lawyers as Judges Pro Tempore to serve as court appointed neutrals in Philadelphia Commerce Court cases.[242] The Chicago Bar Association created its Commercial Litigation Committee "to promote discourse between judges and lawyers who handle business-related disputes" with an initial focus on the Law Division's Commercial Calendars.[243] The Boston Bar Association's Business and Commercial Litigation Section holds an annual event, "Business Litigation Session Year in Review", where lawyers hear directly from Business Litigation Session judges.[244] The Florida Bar's Business Law Section has a Business Courts Task Force.[245] The Ohio State Bar Association's Corporation Law Committee urged a detailed resolution to expand the Commercial Docket statewide.[246] The Kentucky Bar Association's Business Law Section put on early programming about Kentucky's newly established business court.[247][248]
The American Bar Association has a long history in supporting the development of business courts,[249][250] including, among other things, the creation of an Ad Hoc Committee on Business Courts in the 1990s,[251] which evovled into the permanent Business Courts Subcommittee[252] within the Business Law Section's Business and Corporate Litigation Committee; the development of a Business Court Representatives Program;[253] and a clerkship program placing law students with business court judges for summer clerkships.[254] The Business Law Section's Judges Initiative Committee was inspired by North Carolina Business Court Judge Ben F. Tennille (as was the Business Court Representatives Program), who served as its first judicial co-chair.[255] South Carolina Business Court Judge Clifton Newman, Michigan Business Court Judge Christopher P. Yates, and New York Commercial Division Judge Timothy Driscoll have also served as Judges Initiative Committee co-chairs.[256][257][258]
Private entities
Private entities have also carried out implementation or operational studies at the behest of courts, for example, the Institute for the Advancement of the American Legal System[259] studies and reports for Colorado's pilot business courts (Civil Access Pilot Project),[260] the National Center for State Courts Commercial Court Evaluation for the Superior Court of Arizona in Maricopa County[261] and its study of civil programs in Philadelphia's Court of Common Pleas (including its Commerce Court),[262] a private firm study to create a business court in Atlanta (Fulton County Superior Court),[263] and a good government group's (The Committee of Seventy) study of Philadelphia's Commerce Case Management Program.[264] The National Center for State Courts, working with the Tennessee Administrative Office of the Courts, also has developed a curriculum and faculty guide for creating business courts.[265]
The American College of Business Court Judges was established in 2005.[266] Since 1996, the Association of Corporate Counsel has endorsed the creation of business courts in the United States where appropriate.[267]
Business Courts and Alternative Dispute Resolution
The significant relationship between business courts and Alternative Dispute Resolution (ADR), such as mediation, neutral evaluation,[268] and arbitration, is well recognized, both in seeing business courts as a competitor forum with arbitration, and in using ADR as a complementary adjunct to the litigation process.[269][270][271] Thus, for example, New York Commercial Division Rule 3 allows for court appointed mediators and neutral evaluators,[272] Philadelphia's Commerce Case Management Program creates an alternative dispute resolution program using Judges Pro Tempore in mandated settlement conferences, and discretionary referrals to private mediation,[242] The North Carolina Business Court Rules address mandatory mediation,[273] and Florida's Ninth Judicial Circuit Business Court Procedures, Section 8, requires mandatory ADR, and addresses non-binding arbitration as well as mediation.[274] The Michigan Supreme Court business court case management standards emphasize early mediation.[275]
International examples include, among others, the Business and Property Courts of England and Wales Commercial Court Guide, Section G, addressing "Negotiated Dispute Resolution",[276] Ireland's Commercial List, section 6(a)(b)(xiii), giving its judges power to adjourn proceedings so the parties may consider mediation, conciliation, or arbitration,[277] Part 27 of the DIFC Court Rules (Dubai) addressing ADR,[278] and the ADGM Courts' court annexed mediation.[279]
Some U.S. business courts expressly encourage the use of special masters or referees in expediting some types of decision making during the litigation process, for example in North Carolina,[280] Kentucky,[281] New York,[282] Indiana,[283] Orlando,[284] Ft. Lauderdale,[285] and Georgia.[286] Delaware's Court of Chancery also uses magistrates, who can potentially be final decision makers.[287]
The New York Commercial Division and the Metro Atlanta Business Case Division are empowered to hear court-based disputes concerning international arbitration proceedings.[288][289] A substantial part of the Commercial Court of England and Wales' docket involves arbitration appeals.[290] The Miami-Dade County, Florida Circuit Court has an International Commercial Arbitration Court.[291] Judge Lisa M. Walsh serves as both a Complex Business Litigation Division judge[292][293] and a presiding International Commercial Arbitration Court judge.
Appellate Business and Commercial Courts
In 2023, Texas passed a law creating an appellate level business court, the Fifteenth Court of Appeals, which will not become operational until September 2024, at the earliest.[294] Once operational, it would become the first specialized appellate level business court in the United States.[295] On February 6, 2024, the Texas Supreme Court approved a preliminary set of appellate rules for this new court, subject to public comment (which closed on May 1, 2024).[296] Pennsylvania earlier passed a law, in 2020, encouraging the Superior Court of Pennsylvania to create a specialized appellate Commerce Court,[297] but that intermediate appellate court has not done so.
Other appellate courts have been described as commercial or business courts, not by design, but in reference to their actual case work, such as the United States Court of Appeals for the Seventh Circuit,[298] and the Delaware Supreme Court.[299] Retired Seventh Circuit Judge Richard Posner wrote that in the nineteenth century and well into the twentieth century, “t]he New York Court of Appeals was the nation’s premier commercial court.”[300] The United States Court of Appeals for the Second Circuit has been similarly described as “the country’s leading commercial court during the 1940s and 1950s...."[301]
India's Commercial Courts law includes provisions for specialized commercial appellate divisions.[302][303] There is a Netherland's Commercial Court of Appeals, and Enterprise Chamber of the Amsterdam Court of Appeals.[304][305] Singapore's International Commercial Court is designated to hear appeals from Bahrain's International Commercial Court.[306]
Business and Commercial Court Judges in the United States Since 1993
Following is a non-exhaustive list of business court judges serving over a period of years in U.S. business and commercial courts, in and after 1993, and/or identifying many judges who were pioneers on their bench and/or have had an impact beyond their bench. 1993 is when the first modern business court programs began in the United States. The list does not include Chancellors and Vice-Chancellors from the Delaware Court of Chancery, which has been a pre-eminent business court for over a century, and whose judges have held an important place as business court judges over that time.
• Brent T. Adams, Second Judicial District, Nevada, Business Court. Judge Adams was the first presiding judge in the Reno based Business Court created in 2000,[307] and served on it until his retirement in 2014.[308][309]
• James M. Alexander, Michigan Circuit Court, Business Court. Judge Alexander served on the Oakland County Business Court from its inception until his retirement in 2020.[310][311]
• Nancy L. Alff, Eighth Judicial District Court, Nevada, Business Court. As a lawyer, Judge Alff was on the Business Court Task Force that had proposed creating business court dockets in Nevada, and she ultimately served 10 years as a judge on the Las Vegas Business Court. She is a member of the American College of Business Court Judges.[312] She was a Business Court Representative to the American Bar Association's Business Law Section.[313]
• Jon Van Allsburg, Michigan Circuit Court, Business Court. Judge Van Allsburg has been an Ottawa County Business Court judge since its inception in 2013 (as of May 2024).[314]
• Michael J. Aprahamian, Wisconsin Circuit Court, Commercial Docket Pilot Project. Waukesha County Judge Aprahamiam was on the Business Court Advisory Committee that petitioned to create Wisconsin's Commercial Docket Pilot Project in 2016,[315] was among the first judges to be appointed to the pilot business court after it was approved as a three-year pilot program, and remains a Commercial Docket judge (as of May 2024).[316][317][318] Judge Aprahamian has written and spoken extensively in explaining this business court.[319][320][321][322]
• Leonard B. Austin, New York Commercial Division. Judge Austin served on the Commercial Division in Nassau County for 9 years, and was later appointed to New York's intermediate appellate court.[323] He is a past president of the American College of Business Court Judges.[324]
• Lewis A. Bledsoe, III, North Carolina Business Court. Judge Bledsoe was appointed to the Business Court in 2014 and was designated its Chief Judge in 2018, a position he still holds (as of May 2024).[325][326] He served as a Business Court Representative to the American Bar Association's Business Law Section.[327]
• Craig J. Bobay, Indiana Superior Court, Commercial Court. Judge Bobay has been a Commercial Court judge in Allen County (Fort Wayne) since its inception in 2016, served as a co-founder of Indiana's Commercial Courts Working Group, and is current chair of the Indiana Commercial Committee.[328][329][330]
• Alice D. Bonner, Fulton County Georgia Superior Court Business Case Division, later Metro Atlanta Business Case Division. In 2005, Judge Bonner was appointed as one of the original judges in the Business Case Division.[331] She continued serving for over 15 years.[332] She participated in the first meeting of the American College of Business Court Judges in 2005.[333]
• Herman Cahn, New York Commercial Division. In 1993, Judge Cahn was appointed as one of the original pilot Commercial Part judges in Manhattan, after he had been instrumental in creating this pilot business court. He continued his role as a business court judge after the creation of the Commercial Division in 1995, serving there until 2008.[334]
• Audrey J.S. Carrion, Circuit Court of Maryland, Business and Technology Case Management Program (BTCMP). Judge Carrion was appointed to the Baltimore City Circuit Court BTCMP in 2010, was its Director from 2012 to January 1, 2020, and remains a BTCMP judge (as of May 2024) while serving as Administrative Judge and Chief Judge of Baltimore's Circuit Court.[335] She was a Business Court Representative to the American Bar Association's Business Law Section.[336]
• Carolyn E. Demerest, New York Commercial Division. Judge Demarest served in the Brooklyn, Kings County Commercial Division from its inception in 2002 through 2016.[337][338]
• Mark R. Denton, Eighth Judicial District Court, Nevada, Business Court. Judge Denton has served in the Las Vegas District Court's business court docket for over 15 years.[339] He is the immediate past president of the American College of Business Court Judges.[340]
• John P. DiBlasi, New York Commercial Division. Judge DiBlasi was the first Commercial Division judge in Westchester County in 1999, and served in the Commercial Division for ten years. Now a nationally known mediator, he was early to implement ADR in the Commercial Division.[341][342][343]
• Timothy S. Driscoll, New York Commercial Division. Judge Driscoll has been a Nassau County Commercial Division judge since 2009 (as of May 2024).[344] He has written extensively on practice and development in the Commercial Division.[345] He is a past president of the American College of Business Court Judges.[346]
• Elizabeth Hazlitt Emerson, New York Commercial Division. In 2002, Judge Hazlitt Emerson played a key part in establishing the Commercial Division in Suffolk County, where she served for two decades, and took on significant responsibilities in shaping Commercial Division structure and practice across New York.[347] [348][349] [350][351] She served as a 2021-2023 Business Court Representative to the ABA's Section of Business Law.[352]
• Helen E. Freedman, New York Commercial Division. Judge Freedman served in the Manhattan Commercial Division for over eight years, until her appointment to New York's intermediate appellate court in 2008.[353][354]
• Gill Freeman, Eleventh Judicial Circuit of Florida, Complex Business Litigation Section. Judge Freeman was the first judge presiding over Miami's Complex Business Litigation Section, serving in that role for five years.[355][356] She is co-chair of the Florida Bar's Business Law Section's Business Courts Task Force.[357]
• James Gale, North Carolina Business Court. Judge Gale served for a decade on the North Carolina Business Court, including three years as its Chief Judge.[358] He is a Director of the American College of Business Court Judges.[359] He was co-chair of the ABA Business Law Section's Business Courts Subcommittee,[360] and has also been a co-editor of the "Business Courts" chapter in the American Bar Association publication, Recent Developments in Business and Corporate Litigation.
• Ira Gammerman, New York Commercial Division. Judge Gammerman began as one of the four original pilot Commercial Part judges in Manhattan in 1993, and continued for many years with the Commercial Division.[361][362]
• Allen van Gestel, Suffolk (Massachusetts) Superior Court, Business Litigation Session. Judge van Gestel was the original Business Litigation Session (BLS) judge in 2000, and served as a BLS judge until his 2007 retirement, personally authoring hundreds of opinions.[363][364][365][366] He particpated in the first meeting of the American College of Business Court Judges in 2005.[367]
• Gary S. Glazer, Philadelphia Court of Common Pleas, Commerce Case Management Program. Judge Glazer served for nearly a decade on the Commerce Court, including 2018-2021 as its Supervising Judge.[368][369] He is also one of the few U.S. judges to actively participate in the Standing International Forum of Commercial Courts.[370][371]
• Allen S. Goldberg, Circuit Court of Cook County, Illinois, Commercial Calendar. Judge Goldberg served on Chicago's Commercial Calendar from 2000-2011.[372] In 2004, he headed the committee that drafted rules for the Cook County Circuit Court's Law Division's court-annexed mediation program.[373][374] He was a Business Court Representative to the American Bar Association's Business Law Section.[375] He participated in the first meeting of the American College of Business Court Judges in 2005.[376]
• Elizabeth Goff Gonzalez, Eighth Judicial District Court, Nevada, Business Court. Beginning in 2007, Judge Gonzales began her many years of service presiding over the Las Vegas District Court's business court docket.[377] She is a past president of the American College of Business Court Judges.[378]
• John W. Herron, Philadelphia Court of Common Pleas Commerce Case Management Program (Commerce Court). As Administrative Judge, in 1999 Judge Herron issued the order creating the Commerce Court, and then served as one of the original Commerce Court judges during its first two years.[379][380]
• Joseph Iannazzone, Superior and State Courts of Gwinnett County, Georgia Business Court, later Metro Atlanta Business Case Division. Judge Iannazzone was one of two judges in Gwinnett County's Business Court, which later joined the Metro Atlanta Business Case Division.[381] He is a past president of the American College of Business Court Judges.[382]
• Mary Miller Johnston, Superior Court of Delaware, Complex Commercial Litigation Division (CCLD). New Castle County Superior Court Judge Miller Johnston was appointed a CCLD judge in 2011,[383] served on the CCLD until 2023, being the longest serving CCLD judge as of 2024, and was often cross-designated as a Vice Chancellor in Delaware's Court of Chancery.[384][385] She was a Business Court Representative to the American Bar Association's Business Law Section,[386] and is an officer of the American College of Business Court Judges.[387]
• John R. Jolly, Jr., North Carolina Business Court. Judge Jolly served on the Business Court from 2005-2014, 2011 to 2014 as its Chief Judge.[388] Judge Jolly participated in the first meeting of the American College of Business Court Judges in 2005.[389]
• M. Randall Jurrens, Circuit Court of Michigan, Business Court. Judge Jurrens was appointed to the Saginaw County Business Court upon its inception in 2013, and remains a judge in that program (as of May 2024), with his term currently ending in 2025.[390][391]
• Deborah Karulunas, New York Commercial Division. Judge Karulunas presided in the Onondaga County (Syracuse) Commercial Division from its inception in 2007 for over 15 years.[392]
• Elizabeth E. Long, Fulton County Georgia Superior Court Business Case Division, later Metro Atlanta Business Case Division. In 2005, Judge Long was appointed as one of the original judges in the Business Case Division.[393] She continued serving for over 15 years.[394] She participated in the first meeting of the American College of Business Court Judges in 2005.[395]
• Ellen Hobbs Lyle, Davidson County (Nashville), Tennessee Chancery Court, Business Court Pilot Project. In 2015, Chancellor Hobbs Lyle became Tennessee's first business court judge, and established the new program as its sole judge through the end of 2017.[396][397]
• Albert J. Matricciani, Circuit Court of Maryland, Business and Technology Case Management Program (BTCMP). Baltimore City Circuit Court Judge Matricciani was appointed to the Business and Technology Case Management Program Implementation Committee in 2001,[398] was a Director of the BTCMP from 2001-2008,[399] and was one of the first BTCMP judges in Baltimore when that program became operational in 2003, until he was appointed to Maryland's intermediate appellate court in 2008.[400] He was a Business Court Representative to the American Bar Association's Business Law Section.[401] Judge Matricciani participated in the first meeting of the American College of Business Court Judges in 2005.[402]
• Patricia A. McInerney, Philadelphia Court of Common Pleas, Commerce Case Management Program (Commerce Court). Judge McInerney served on the Commerce Court in two different periods. Her second appointment came in 2011 and she served until 2018, during which time she became the Commerce Court's first Supervising Judge.[403][404] Judge McInerney was also a Business Court Representative to the American Bar Association's Business Law Section.[405]
• Richard McNamara, New Hampshire Superior Court, Business and Commercial Dispute Docket (BCD). In 2009, Judge McNamara was New Hampshire's first BCD judge, and served in that role for 11 years.[406][407][408]
• Clifton B. Newman, South Carolina Circuit Court Business Court. Judge Newman was appointed to South Carolina's Business Court in 2010,[409] and handled business and commercial litigation cases until his retirement over a decade later.[410] He is a past president of the American College of Business Court Judges.[411]
• Stephen I. Platt, Circuit Court of Maryland, Business and Technology Case Management Program. Sitting in Prince Georges County, Judge Platt was the original supervising judge of the newly created Maryland business court program from 2003-2005, and was an architect of that program.[412][413][414] He is a past president of the American College of Business Court Judges.[415] He has also educated broadly about presiding over business litigation, well beyond Maryland.[416]
• Charles Ramos, New York Commercial Division. Judge Ramos served as a Commercial Division judge in Manhattan from 1996-2018.[417] During his tenure, in 2013, Judge Ramos was designated to hear all international arbitration cases before the Commercial Division.[418]
• Randolph G. Rich, State Court of Gwinnett County Georgia Business Court, Metro Atlanta Business Case Division. Then State Court Judge Randy Rich implemented Gwinnett County's Business Court as a pilot program over 15 years ago,[419] and remained a Business Court Judge in Gwinnett until that program became part of the Metro Atlanta Business Case Division,[420] where, by then Superior Court Judge Rich continued to serve as a business court judge until 2020.[421][422]
• Renee A. Roche, Ninth Judicial Circuit of Florida, Business Court. Judge Roche was the first specialized business court judge in Florida, appointed in 2004.[423][424] Judge Roche served as a Business Court Representative to the American Bar Association's Business Law Section.[425] Judge Roche served on the Executive Committee of the team that organized the first meeting of the American College of Business Court Judges in 2005.[426]
• Ronald B. Rubin, Circuit Court of Maryland, Business and Technology Case Management Program (BTCMP). Judge Rubin served on the Montgomery County Circuit Court BTCMP from 2008 to November 2021, and has continued to serve in that program as a senior judge (as of May 2024).[427] He has been the statewide BTCMP's most prolific opinion writer.[428]
• J. Stephen Schuster, who handled complex business litigation in the Superior Court of Cobb County, Georgia,[429] is a past president of the ACBCJ,[430] past co-chair of the ABA Section of Business Law's Judges Initiative Committee,[431] and served as a Business Court Representative to the ABA's Business Law Section.[432]
• Albert W. Sheppard, Jr., Philadelphia Court of Common Pleas' Commerce Case Management Program (Commerce Court). Judge Sheppard served on the Commerce Court from its inception in 2000, until his death in 2011.[433][434] Judge Sheppard participated in the first meeting of the American College of Business Court Judges in 2005.[435]
Patrick J. Sherlock, Circuit Court of Cook County, Illinois, Commercial Calendar. Judge Sherlock was first assigned to the Chicago Circuit Court's Commercial Calendar in 2013,[436] and is now the Supervising Judge of the Commercial Calendars (as of May 2024).[437][438]
• Michael Silverstein, Rhode Island Superior Court Business Calendar. In 2001, Justice Silverstein was the first judge assigned to the Business Calendar, which he co-created with Superior Court Presiding Justice Joseph F. Rodgers Jr., and served until 2018.[439][440]
• Joseph R. Slights, III, Delaware Superior Court Complex Commercial Litigation Division (CCLD). Judge Slights was instrumental in creating the CCLD and served as one of its first judges. He was later a Vice Chancellor in Delaware's Court of Chancery.[441][442] Judge Slights participated in the first meeting of the American College of Business Court Judges in 2005.[443]
• Thomas B. Smith, Ninth Judicial Circuit of Florida (Orange and Osceola Counties), Business Court. In 2003, Judge Smith initiated the idea of establishing a specialized business court in the Ninth Circuit, which was created the following year by order of President Judge Belvin Perry. Judge Smith later served as a Business Court judge.[444] Both Judges Smith and Perry participated in the first meeting of the American College of Business Court Judges in 2005.[445]
• Thomas A. Stander, New York Seventh Judicial District Commercial Division, Monroe County. The Rochester based Commercial Division was created simultaneously with the Manhattan Commercial Division, effective November 6, 1995, with Judge Stander selected to be its first judge, who regarded and pursued active case management as a key objective.[446][447][448] He led that Commercial Division for ten years.[449]
• Brian P. Stern, Rhode Island Superior Court, Business Calendar. Justice Stern has been a Business Calendar judge since 2011,[450] and remains so (as of May 2024).[451]
• Brian R. Sullivan, Michigan Circuit Court, Business Court. Judge Sullivan has been a Business Court judge in Wayne County (Detroit) since the Business Court's inception in 2013 (as of May 2024).[452]
• John Telleen, Iowa District Court, Business Specialty Court. Seventh Judicial District Judge Telleen was one of the three judges originally appointed to the Iowa Business Specialty Court Pilot Project in 2013,[453] and remains one of the judges on the permanent court (as of May 2024).[454] He is a Director of the American College of Business Court Judges.[455]
• Ben F. Tennille, North Carolina Business Court. Judge Tennille was the first North Carolina Business Court judge in 1995 and served as the leader of that court until his retirement in 2011. He has been influential[456] in the growth of business courts nationally[457] and internationally.[458] He inspired the founding of the American College of Business Court Judges, of which he was the first president.[459][460] He was a driving force behind creating the American Bar Association's Judges Initiative Committee and Business Court Representatives Program.[255]
• Sean D. Wallace, Circuit Court of Maryland. Judge Wallace served on the Prince Georges County Circuit Court and as a Maryland courts chair of the business and technology case management subcommittee from 2015-2020.[461] He is a past president of the American College of Business Court Judges,[462] and was a Business Court Representative to the American Bar Association's Business Law Section.[463]
• Christine A. Ward, Court of Common Pleas of Allegheny County (Pittsburgh), Pennsylvania, Commerce and Complex Litigation Center. Judge Ward was one of two judges appointed in 2007 to serve on the newly created Commerce and Complex Litigation Center, along with legendary Pennsylvania Judge R. Stanton Wettick Jr.[464][465] She remains a judge in that program, as of May 2024,[466] while also serving as the Civil Division's Administrative Judge.[467] Judge Ward is a past president of the American College of Business Court Judges.[468]
• Heather Welch, Marion County Superior Court, Commercial Court. Judge Welch was integral to the creation of Indiana's Commercial Courts, co-creating a Commercial Courts Working Group in 2014, ultimately leading to pilot Commercial Courts being implemented in 2016.[469] She served as a Commercial Court judge in Marion County (Indianapolis) from the pilot stage until her retirement in early 2024.[470] She is an officer of the American College of Business Court Judges, on track to become its president,[471] was a Business Court Representative to the American Bar Association's Business Law Section,[472] and has co-chaired its Business Courts Subcommittee.[473]
• Ira B. Warshawsky, New York Commercial Division. Judge Warshawsky served as a Commercial Division Judge in Nassau County from 2002 to 2011, and is a past president of the American College of Business Court Judges.[474][475][476]
• Craig L. Wellerson, Superior Court of New Jersey, Complex Business Litigation Program (CBLP). Ocean County Judge Wellerson was among the first set of county judges designated to the CBLP at its 2015 inception.[477] He remains a CBLP judge (as of May 2024), and is Chair of the Committee of Complex Business Litigation Judges.[478]
• Christopher C. Wilkes, Circuit Court of West Virginia, Business Court Division. Judge Wilkes served as the first chair of the Business Court Division from 2012-2018,[479][480] and continued with the business court as a senior judge, with a term expiring on December 31, 2024.[481][482] He also served as a Business Court Representative to the American Bar Association's Business Law Section.[483]
• Robert C. Wilson, Superior Court of New Jersey, Bergen County, Complex Business Litigation Program (CBLP). Judge Wilson was assigned as the CBLP judge in Bergen County when that program began in 2015, until his 2023 retirement,[484] but even before that he had experience as a business court judge in Bergen County,[485] which had a history of specialized assignments of complex commercial cases.[486]
• Christopher P. Yates, Kent County, Michigan Circuit Court, Business Court. He was the original business court judge in Kent County, serving in that position for a decade until his 2022 appointment to Michigan's intermediate appellate court.[487][488] As of May 2024, he is the President of the American College of Business Court Judges.[489] He is a past co-chair of the American Bar Association's Judges Initiative Committee[490] and has written on the role of the ABA in developing business courts.[491]
• Roger M. Young, Sr., South Carolina Circuit Court, Business Court. Ninth Judicial Circuit (Charleston) Judge Young was among the first judges appointed to the Business Court in 2007,[492] was appointed Chief Business Court Judge for Administrative Purposes in 2016, and through later orders has been reappointed to that position (as of May 2024).[493]
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: CS1 maint: multiple names: authors list (link) - ^ "Transitioning Off the Bench and Then Some – A Pursuit of Justice". www.apursuitofjustice.com. Retrieved 2024-05-17.
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: CS1 maint: multiple names: authors list (link) - ^ "Judicial Special Assignments". Fifth Judicial District of Pennsylvania. Retrieved 2024-05-15.
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- Mitchell L. Bach & Lee Applebaum, A History of the Creation and Jurisdiction of Business Courts in the Last Decade, 60 Business Lawyer 147 (2004).
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- David Williams, "Technology Boom Prompts Calls for Specialized Courts". (October 2000).
External links
- Business Court Resources, University of Maryland School of Law
- Best of the Best Civil Justice Resources, Business/Commercial Courts, National Center for State Courts
- Business Courts Blog (2018–present)