Journal of Business & Technology Law

Business Court News and Developments

  • Apr. 5th, 2012 - The English High Court recently applied a commercial construction approach to interpreting a share purchase agreement with a standard "entire agreement provision." The Court, upholding the limitation on liability, interpreted the "entire agreement provision" as a calculated decision by both parties when allocating risk during the contractual phase. This new standard "cuts through" a long history of conflicting case law and will be viewed favorably by the business community as a move toward contractual certainty.
  • Apr. 5th, 2012 - Chief Judge Jonathan Lippmann of the New York Court of Appeals called for a reassessment of the state's business court system. Formally called the Commercial Division, the system was established in 1993 by the Civil Branch of the state Supreme Court in order to maintain a higher standard of efficiency and expertise in business litigation. Despite commercial practitioners' praise of the Commercial Division, Chief Judge Lippmann asked that New York courts strive to provide a more business-friendly environment in order to take advantage of the state's aggregation of commercial lawyers.
  • Mar. 29th, 2012 - The West Virginia Supreme Court is considering whether to move forward with the addition of a Business Court in their judicial system. At this stage, the Court has requested that public comments on the proposal be submitted to the Court for its consideration by May 11, 2012. The proposed amendment would adopt Rule 29, Commercial Litigation, to the West Virginia Trial Court Rules. The Court's decision to seek public comment follows the Business Court Study Committee's February presentation to the Court of its initial proposal. The study committee was initially formed in June 2010, following House Bill 4352, which passed in March 2010. A link to the proposed rule is available on the West Virginia Supreme Court website. Public comments should be submitted in writing and filed with the Clerk of Court by the May 11 deadline.
  • Mar. 29th, 2012 - Despite the total number of appeals to West Virginia's Supreme Court declining by 56% since 2007, some are arguing that the need for an intermediate appeals court still exists. Though many remain skeptical, Richie Heath, the executive director of West Virginia Citizens Against Lawsuit Abuse, argues that the state's Supreme Court is one of the "busiest appellate courts in the nation..." and the new court would encourage the development of West Virginia law and review of lower court decisions.
  • Mar. 27th, 2012 - Members of the Ohio Common Pleas Committee have recently responded to a survey, weighing in on whether the state's pilot commercial docket should become permanent. Of the fifty-seven responses, 68% believed the program should be permanent. Some of the respondents suggested expanding the docket to include more cases, while others claimed that the docket was already inefficient and slow. The results of the survey have been sent to the Ohio Supreme Court, which will decide the fate of the pilot program.
  • Mar. 25th, 2012 - The state of Iowa plans to implement a business court pilot program in its state court system. The program would parallel the current civil track and provide a forum for high-dollar, high-stakes cases in the areas of intellectual property rights, trade secrets, and breach of contracts. Cases qualified for the business track would be assigned to judges that are specially trained to hear these types of cases. Iowa would join many other states around the country that already have business courts.
  • Feb. 22nd, 2012 - New York State Courts Look to Clear Dockets of Burdened Business Courts: A 30-person task force headed by former Chief Judge Judith S. Kaye was established in New York to study ways to lighten the load of the Commercial Division of New York state courts. Modeled after the Delaware Chancery Courts, the New York Commercial Division was established in 1995 as a way to established a sophisticated court system to best cater to the needs of business litigation. However, recent budget cuts and increased litigation have heavily burdened the courts. Proposals by the task force include measures such as creating higher minimum amounts in controversy, as well as creating a new class of Court of Claims judges to serve in the Commercial Division.
  • Feb. 21st, 2012 - A High Court judge in Britain permitted service of a legal claim via Facebook, marking the highest level at which such a practice has been allowed. The judge permitted service through Facebook because it was uncertain whether the defendant continued to reside at his last known address.
  • Feb. 21st, 2012 - Delaware Citizen's Group Questions Legality of Judges Moonlighting as Private Arbitrators: The Delaware Coalition for Open Government filed a law suit in October against Judges in Delaware's State Chancery Court for their involvement as private arbitrators, while still hearing cases in the court. The group contends that the public's constitutional right to judicial proceedings is violated by the chancellors' involvement in secret arbitration - creating what Professor Paul Kirgis of St. John's University School of Law calls a "two-tier[ed]" system of justice, with the wealthy having access to private, and fast, dispute settlement.
  • Feb. 20th, 2012 - West Virginia Supreme Court Seeks Comments on Business Courts: Following a March 2010 bill passed by the West Virginia Legislature, in June of 2010 state's highest court began a study on the possibility of adoption of a specialized business court to assist the West Virginia judiciary in building an expertise in commercial and business litigation to best handle the growingly complex litigation, and encourage business development in the state. The State Supreme Court is now seeking public comments on the proposal.

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Copyright © 2011, University of Maryland School of Law. All Rights Reserved