Report No. 188

USA:

(I) Supreme Court, Monroe County, NY State: (Nov. 20, 2000) Guidelines applicable for assignment of cases to the Commercial Division, Supreme Court, Civil Bench, Monroe County in the State of New York, state that the said Division will entertain complex commercial and business disputes in which a party seeks compensatory damages totaling $ 25,000 or more, exclusive of punitive damages, costs, and attorney fees; and exclusive of any non-commercial claims, non-commercial cross-claims, or noncommercial counter-claims. It states:

"(A) Such business and commercial disputes shall include the following types of cases:

Contract

1. Breach of contract, fraud or misrepresentation actions involving:

(a) Purchase or sale of securities.

(b) Uniform Commercial Code transactions.

(c) Purchase or sale of the assets of a business, or merger, consolidation or recapitalization of a business.

(d) Providing of goods or services by or to a business entity.

(e) Purchase or sale or lease of, or security interest in, commercial real property or personal property.

(f) Partnership, shareholder or joint venture agreements.

(g) Franchise, distribution or licensing agreements.

Business Corporation Law

2. Shareholder derivative actions.

3. Dissolution or liquidation of corporations.

4. Actions involving liability and indemnity of corporate directors and officers.

5. Actions involving the internal affairs of corporations, such as voting and inspection rights of shareholders of directors, authorization of corporate acts or interpretations of articles or bylaws.

Partnership Law

6. Actions involving general and limited partners and partnerships.

Uniform Commercial Code

7. Commercial loans (including failures to pay commercial loans), negotiable instruments, letters of credit and bank transactions.

8. Actions involving allegations of business torts, including unfair competition, interference with business advantage or contractual relations.

Other Commercial Matters

9. Actions involving employment agreements or employee incentive or retirement plans (not including qualified retirement plans) in which the business or commercial issues predominate.

10. Declaratory judgment actions and third party indemnification claims against insurance companies where the underlying cause of action is contractual in nature or would otherwise fall within the guidelines set forth herein. (Specifically not included are Declaratory Judgment Actions and third party claims relating to fire loss, motor vehicle actions and tort claims.)

11. Commercial class actions.

12. Opening of default judgments where the underlying cause of action is commercial in nature and would otherwise fall within the monetary and jurisdictional guidelines set forth herein.

13. Actions may involve individuals, and business entities, as long as all other criteria are met.

(B) Matters Not Included as Commercial Court Cases include the following:

Non-commercial landlord/tenant disputes

Matrimonial disputes; including the enforcement of Separation Agreements or Divorce Decrees

Foreclosures, even if they involve commercial buildings and commercial parties

Matters falling under the provisions of the real property actions and proceedings law

Proceedings to enforce a judgment, including applications for information subpoenas and contempt, without regard as to whether or not the underlying action is commercial in nature

Products liability claims, including merchantability and fitness for some particular purpose claims

Discharge, modification or foreclosure of mechanics' or other liens

Declaratory judgment actions involving indemnification claims under insurance policies relating to underlying actions which are NOT commercial in nature, including, but not limited to, underlying claims for fire loss, motor vehicle actions and tort claims

Opening/vacating or modifying default judgments on actions which are NOT commercial in nature, including all matters which do not fall within the monetary and jurisdictional guidelines set forth under Criteria

Actions by or against Medicare, Medicaid, or the Department of Social Services or enforcement of legal rights under law

Discrimination cases (age, sex etc.) except when they are part of or under the terms of a contract

Collection matters involving the collection for legal, medical, accounting, or architectural fees

Legal, medical or accounting malpractice actions even where a contract cause of action is also stated."

II Maryland, Business and Technology Court (Task Force Report) Assignment of Cases to the Business and Technology Case Management Program