Effective January 1, 2015, New Jersey has adopted a special program for complex business, commercial and construction cases. In each of the 15 local vicinages in the state one judge has been designated to handle complex cases. That judge has been provided with special training in relevant areas of the law (such as the Uniform Commercial Code, securities, anti-racketeering, and business valuation) as well as additional training in effective case and trial management, e-discovery, and other relevant topics. They will be responsible for all aspects of complex cases in their jurisdiction from beginning to end (unlike other cases in which many judges may be responsible for different aspects of the case from case management to discovery disputes to trial).
The Program has been adopted by order of the New Jersey Supreme Court. Chief Justice Stuart Rabner has observed that "The program was developed to meet the legitimate needs of New Jersey's thriving business community," and that "Litigants in these cases and the court system overall will benefit from having a core group of dedicated judges manage complex business disputes."
Each participating judge is expected to issue at least two written opinions annually, which will be posted at njcourts.com. The Chief Justice has stated that the Supreme Court "expect[s] that this new approach will help to continue to develop a body of authoritative case law that will aid all parties in business litigation."
Cases included in the program must involve damages of at least $200,000 and must have been designated by one of the parties as "complex commercial" or "complex construction" in the case information statement filed with the beginning of the case or fall within certain other categories including actions to impose a constructive trust or an equitable lien. The program does not include matters handled by the General Equity division of the court or matters primarily involving consumers, labor organizations, personal injury, or condemnation, or cases in which the government is a party.
Parties in cases involving damages of less than $200,000 can make a motion to have their dispute included in the program where appropriate. By the same token, parties in cases included in the program can make a motion for the removal of the case if they believe it does not meet the criteria.
Similar programs have been successfully implemented in Bergen and Essex County on a trial basis. Most observers believe that the statewide implementation of the program will lead to faster and more efficient resolution of complicated business disputes.
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