Effective Jan. 1, 2015, the NJ Judiciary will be utilizing a Complex Business Litigation Program to address complex business, commercial and construction cases with damage calculations exceeding $200,000. Cases with smaller damage calculations may otherwise qualify based on
- the complexity of legal or factual issues
- a large number of parties
- complex discovery issues, including large volumes of documents or potential witnesses
- a potential for widespread implications of the decision
- significant interpretation of a business or commercial statute
Conversely, a party can request to be excluded from the complex designation it if successfully demonstrates it does not meet the above requirements.
Qualifying cases will be individually case managed throughout the process by a designated judge with experience in complex civil litigation. Such judges will receive additional training in the Uniform Commercial Code, securities, anti-racketeering, business valuation, e-discovery, and other relevant topics. Further, the judges must issue two written opinions annually.
Benefits of the program are expected to include early and consistent case management and the creation of a legal resource for the business community derived from the written opinions.