NH’s Business Court Docket aims to speed up litigation of complex commercial disputes.

New Hampshire has now followed other states in the creation of its first ever specialized “Business Court.”

Enacted in 2008, SB-378 creates a separate Business and Commercial Dispute Docket within the Superior Court. The aim of the new Business Docket is to alleviate overcrowded court systems by providing more efficient and specialized procedures for complex commercial disputes.

Currently, commercial disputes are part of the standard civil docket and are heard by the same judges who also hear other civil, equitable and criminal matters. The effect is that the docket becomes clogged with large complex commercial disputes involving massive volumes of paper and electronic discovery.

The new Business Docket should make commercial litigation more efficient and cost-effective, while freeing up court resources for other matters as well.

In order to be assigned to the new Business Docket, cases must meet the following criteria: (1) the parties must consent to the jurisdiction of the Docket by agreement; (2) at least one party must be a “business entity” as defined by the statute; (3) no party may be a “consumer,” defined as “an individual who purchases or leases merchandise primarily for personal, family or household purposes;” and (4) money damages, if sought, must exceed $50,000.

The Act provides a list of the types of cases which may be heard in the Business Docket, including: claims of breach of contract, fraud, misrepresentation and business torts; claims under the Uniform Commercial Code; franchise disputes; shareholder derivative suits; corporate dissolution or liquidation; and other complex disputes of a business nature.

Attorney Richard McNamara, of Manchester, was recently approved by the Executive Council after being nominated by Gov. Lynch to serve as the first Justice of the NH Business and Commercial Dispute Docket. Attorney McNamara is an experienced commercial litigator who made a name for himself representing auto dealers in several high-profile disputes with manufacturers.

For more information, contact Attorney Chris Ratté.

NOTICE: The information and articles posted on this website are for informational purposes only and are not intended as legal advice. Contact me to discuss your particular situation or consult a licensed attorney in your state.

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