January 25, 2022

Volume XII, Number 25

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January 24, 2022

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Changes Coming for North Carolina's Business Court

Senators Rucho and Barringer filed SB 853 - An Act to Modernize the Business Court by making Technical, Clarifying, and Administrative Changes to the Procedures for Complex Business Cases this week. The bill was referred to Senate Judiciary Committee; a hearing has not yet been scheduled.

Current and former legislators laud the creation of the NC Business Court -- a part of the Superior Court handling the most complex business litigation -- as a stroke of genius. Last year it seemed the General Assembly would tinker with Superior Court in ways that were regarded as politically-motivated but it was dropped. This effort is described as purely to make the Business Court better for business.

There are several noteworthy provisions, including: 

  • Tightening up jurisdiction by allowing any party to designate as a mandatory Business Court case disputes concerning partnerships, LLCs and corporations, large-scale contract disputes, unfair competition, trade secrets disputes and others.
  • It provides for mandatory Business Court jurisdiction a material issue related to tax law that is the subject of a contested case, a dispute in which the amount in controversy is at least $5 million, and actions involving the regulation of pole attachments.
  • It allows for a direct appeal to the NC Supreme Court.
  • The bill requires that the Business Court issue written opinions.
  • If the Court takes more than 6 months to decide a case it must include an explanation in a semi-annual report to the General Assembly.

This bill is probably a net-positive for NC businesses but we'd also like to see 3 additional Business Court locations and 3 additional judges. **Your feedback on the effects of this bill will be important to legislators.

Please view the bill as filed here: http://www.ncleg.net/Sessions/2013/Bills/Senate/PDF/S853v1.pdf

Copyright © 2022 Womble Bond Dickinson (US) LLP All Rights Reserved.National Law Review, Volume IV, Number 150
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The Womble Carlyle Solutions team operates at the intersection of politics and law, providing clients with a broad range of government relations, political law compliance and political advocacy services at the federal, state and local levels. We listen closely to understand each client’s specific business and legal needs, and we provide customized, personalized service aimed at helping clients achieve those desired outcomes.

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