House Judiciary Committee Endorses Business Court Bill
by admin on 19/02/10 at 1:12 pm
February 19, 2010
CHARLESTON – The House of Delegates is moving forward with legislation to establish a business court in West Virginia.
“By creating this court division, West Virginia is sending a clear, strong message that this state is a welcoming environment for businesses,” Speaker Rick Thompson said. “In the 15 states that have business courts, there has been a very positive response from the business community.”
As stated in House Bill 4352 – which the House Judiciary Committee adopted unanimously Thursday and sent to the full House for consideration – the complex nature of litigation involving highly technical commercial issues creates a need within the state’s most populated court circuits to maintain a separate and specialized court docket.
“This bill would authorize the state Supreme Court to establish a business court division within those heavily populated circuits to handle commercial issues and disputes between businesses,” Speaker Thompson, D-Wayne, noted. “This division would ease the pressure on those courts with heavy criminal and civil caseloads and, very importantly, provide businesses with specialized judges whose entire focus is on business-related litigation.
“Such business courts are best suited for complex commercial cases, which can then be better managed and mediated.”
As adopted by the House Judiciary Committee, the legislation would provide for a business court division in any judicial district with a population of 60,000 or greater. The state Supreme Court would develop rules for the establishment and jurisdiction of the business court divisions.
Speaker Thompson first suggested the Legislature examine this issue in 2008, when he introduced a resolution calling for an interim study of business courts, also known as courts of chancery.
