Jan 07

Specialized Judges to Handle Complex Business / Commercial and Construction Litigation

By Renee Howdeshell in Commentary, Damages, Discovery, Economic Damages, Public Policy, Strategy
January 7, 2015

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.

Renee Howdeshell

Renee Howdeshell is a founding member of Fulcrum Inquiry, an accounting, finance and economic consulting firm that performs damage analyses for commercial litigation, forensic accountings, royalty & distribution audits, financial investigations, and business valuations. Ms. Howdeshell holds a degree in Finance and Marketing from the University of Virginia's McIntire School of Commerce and is a Certified Public Accountant (CPA) and a Certified Fraud Examiner (CFE). She has testified as an expert witness in federal court, CA state court and arbitration regarding the results of her work. She can be reached at (213) 787-4112 and her resume is available at www.fulcrum.com.

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