Delaware Courts Add Another Venue for Business and Commercial Litigation

April 27, 2010

Publication| Intellectual Property

On April 26, 2010, President Judge James T. Vaughn, Jr., of the Superior Court of Delaware  issued Administrative Directive No. 2010-3 creating a Complex Commercial Litigation Division within the Delaware Superior Court.  The Directive establishes an additional venue for business and commercial litigants in Delaware to resolve their disputes.  The committee appointed by the President Judge to make recommendations regarding the creation of the Complex Commercial Litigation Division was chaired by Fred Cottrell, a director in the Litigation Department of Richards, Layton & Finger. 

As national and local lawyers are well aware, Delaware provides several preferred venues for adjudication of business disputes.  The Court of Chancery is well known for its resolution of matters of Delaware corporate law, the Delaware District Court has established itself as one of the preeminent jurisdictions handling patent and other intellectual property matters, and the Delaware Bankruptcy Court remains a preferred venue for Chapter 11 filings.  The Delaware Superior Court, the law court of original jurisdiction in the state, is already a leading court in the handling of large commercial and business disputes, including insurance coverage cases, asbestos litigation and complex commercial litigation.  Now, through this Directive, a panel of three specially assigned Superior Court judges will handle large business and commercial disputes that are not within the equity jurisdiction of the Court of Chancery.  The Directive provides that certain disputes over $1 million in value, including those involving jury trials, will be designated for assignment to this panel at the request of either party.  The judges will have forms and procedures in place for handling such disputes and will remain assigned to the designated cases through trial. 

Richards Layton is available to answer any questions regarding the Complex Commercial Litigation Division of the Delaware Superior Court, and our lawyers look forward to working with clients and co-counsel on cases in the new Division.  Copies of the Directive and the Order appointing three judges of the Superior Court to serve on the Division are linked below.

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