The modern creation of
specialized Business Courts in the United States, sometimes
referred to as Commercial Courts, began in the early 1990s, and
has expanded greatly in the last ten years.
Business courts (or more
accurately business programs or divisions within existing trial level courts)
have been established and are operating in New York, Chicago, North Carolina, New Jersey, Philadelphia and Pittsburgh,
Pennsylvania, Reno and Las Vegas, Nevada, Massachusetts, Rhode Island, Maryland, Orlando, Miami, Ft.
Lauderdale, and Tampa, Florida, Pittsburgh, Pennsylvania, Michigan, Cleveland,
Toledo, and Cincinnati, Ohio, Iowa, Jefferson County, Alabama, Maine, New Hampshire,
Atlanta and Gwinnett County, Georgia, Colorado's 4th Judicial District,
Delaware's Superior Court, and South Carolina. In New York, Chicago,
Philadelphia, Massachusetts, North Carolina, and New Jersey, the original
business programs have been expanded by adding additional judges and/or by
expanding into additional counties.
Business Courts are trial
courts that hear business disputes primarily or exclusively. In the United
States, these courts have been established in approximately twenty 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 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.
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.
Oakland County Business Court
Lee Applebaum, "The Steady Growth of Business Courts, National Center for State Courts, Future Trends in State Courts (2011)
John F. Coyle, Business Courts and Interstate Competition
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