Complex Business Litigation Program Will Be Launched In New Jersey

What does the launch of this complex business litigation program mean for New Jersey?

The New Jersey Judiciary recently announced the planned launch of the Complex Business Litigation Program. The new program, which takes effect January 1, 2015, aims to streamline the resolution of complex business, commercial and construction cases involving at least $200,000 in damages.

The Complex Business Litigation Program expands a pilot program currently operating in the Bergen and Essex court systems and incorporates the recommendations made by the judiciary’s Working Group on Business Litigation. One of the key benefits of the new program is that a single judge with experience in complex civil litigation oversees the resolution of each case from beginning to end.

To be eligible for the new program, cases must have a minimum of $200,000 in controversy. Parties in cases that do not meet the threshold, however, can make a motion to have their dispute included in the program if there are compelling issues, such as complex factual or legal issues; a large number of parties or complex discovery issues such as multiple witnesses or large numbers of documents; potential to impact the business beyond the particular case; or a significant interpretation of a business or commercial statute.

According to the judiciary, judges assigned to the program will receive additional training in relevant areas of the law, such as the Uniform Commercial Code, securities, anti-racketeering, and business valuation. They also will receive additional training in effective case and trial management, e-discovery, and other relevant topics.

The program will include both jury and non-jury cases. Although cases in the Complex Business Litigation Program are not subject to the Judiciary’s mandatory civil mediation and arbitration programs, judges will encourage the parties to engage in mediation when appropriate.

In addition to improving the management of complex business litigation, the new program aims to also strengthen the state’s body of law in this area. Each participating judge will be expected to issue at least two written opinions annually, which will be accessible to the business community on the NJ Courts website.

Do you have any questions about the complex business litigation program coming to New Jersey? Feel free to leave a comment below.