The Georgia Assembly Forms A Business Court— What Does This Mean for Business Litigants?
By: Brittany E. Bennett, Esq.
Amendment 2 was designed to allow the creation of a statewide business court with a statewide jurisdiction for use under certain circumstances. Under the amendment, the court’s judges are to be appointed by the governor and approved by a majority vote of the Senate and House judiciary committees. Judges would serve a term of five years. Judges on the court would be eligible to be reappointed for any number of terms under the measure.
Georgia Governor Nathan Deal (R) said, “A constitutional created business court would provide an efficient and dependable forum for litigants in every corner of our state. 1
The Law Office of Ichter Davis, a law firm tracking this legislative action, lists the key points of the Court Reform Council’s recommendations. They are as follows: 2
- Cases would continue to be filed in superior or state court but could be removed to the business court on motion. A business court judge, not the superior or state court judge, would rule on the issue of removal.
- The proposed subject matter jurisdiction of the business court would encompass actions:
- Brought pursuant to or governed by the Georgia Business Corporation Code, Uniform Partnership Act, Uniform Limited Partnership Act, Revised Uniform Limited Partnership Act, Limited Liability Company Act, or Uniform Commercial Code;
- Involving securities, antitrust, intellectual property, cybersecurity or biotechnology issues;
- Arising out of or rooted in e-commerce that meet amount-in-controversy requirements;
- Implicating the Georgia International Arbitration Act;
- Premised on professional malpractice claims involving a business dispute subject to an amount-in-controversy requirement; and
- Constituting contract or business tort cases, also subject to an amount-in-controversy requirement.
- Business court judges would be appointed, not elected.
- Any jury trials would take place in the circuit where the action was originally filed.
This formation of Business Court means business litigants will have the opportunity to remove their cases to a forum where judges are familiar with complex corporate/business issues and will become more familiar with the types of cases that need special attention and possibly a business background to properly rule on the law. This will streamline the types of cases a judge will preside over and likely result in more fair outcomes for litigants.
In the past judges have presided over business cases, but while also presiding over divorces, murders, and property disputes. Business Court will allow judges to become more familiar with the type of disputes that arise between business partners, non-compete disagreements, and other complex business cases. A more knowledgeable and experienced judge in one area of the law will allow the parties to more effectively communicate the actual legal issues to be resolved.
The Business Court has received state-wide support and will likely result in more efficient litigation with shorter timelines for all parties involved.
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