Bill Text: NJ A473 | 2016-2017 | Regular Session | Introduced
Bill Title: Establishes a Business Part in the Superior Court.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Judiciary Committee [A473 Detail]
Download: New_Jersey-2016-A473-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman DAVID C. RUSSO
District 40 (Bergen, Essex, Morris and Passaic)
Assemblywoman AMY H. HANDLIN
District 13 (Monmouth)
SYNOPSIS
Establishes a Business Part in the Superior Court.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act establishing a Business Part in the Superior Court and supplementing Title 2B of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Legislative findings. The Legislature of the State of New Jersey finds and declares that:
a. The quality and consistency of decision-making in the resolution of disputes in cases involving business and commercial disputes needs to be improved in order to enhance the fairness of process for business and commercial litigants and to make New Jersey a more attractive place for businesses to locate and expand; and
b. Steps should be taken which will improve quality and predictability in business and commercial litigation accessible to litigants throughout the State of New Jersey, with due regard for considerations of efficient allocation of judicial resources; and
c. A Business Part should be created in order to afford accessible and efficient access throughout the State of New Jersey and the efficient allocation of judicial resources; and
d. The appointment of persons to sit as judges of the Business Part should take into account the knowledge of the law governing business and commerce and experience in business and commercial matters.
2. There shall be established in the Law Division of the Superior Court a Business Part.
3. The following matters shall be cognizable in the Business Part of the Law Division of the Superior Court:
a. business and commercial disputes involving contracts; the Uniform Commercial Code; banking; insurance; commodities; securities; corporations; non-profit corporations; partnerships; limited liability entities and associations; business trusts; competition among businesses; business reorganizations; dispositions of businesses; business combinations; shareholder, partner and member disputes; intellectual property matters; the termination of services to a business or an agreement not to compete; employment agreements with an executive officer or manager; and other commercial disputes as provided by the Rules of the Supreme Court; and
b. private actions authorized under federal law which may be heard in State court arising under federal law pursuant to which a federal agency regulates securities, commodities, energy, foods, drugs, telecommunication or transportation or other mercantile matters; and
c. business and commercial disputes where the parties to a contract have agreed in writing that the Business Part shall have jurisdiction; and
d. any other matters as may be provided by statute.
The Business Part shall not have jurisdiction over matters involving primarily consumer claims. As used in this act: "consumer claims" shall mean actions concerning the leasing, licensing or purchasing of real or personal property, the obtaining of credit or the contracting for services for cash or on credit if the property, credit or services are obtained for personal, family or household purposes. "Consumer claims" may include actions pursuant to the provisions of Title 56 of the Revised Statutes.
4. Matters cognizable in the Business Part shall be heard by a judge without a jury, upon the parties waiving the right to a jury trial.
5. This act shall take effect on the 180th day after the date of enactment.
STATEMENT
This bill creates a Business Part of the Law Division. By creating a separate part as opposed to a separate court of limited jurisdiction, the bill eliminates the need for a separate clerk and for separate facility.
The Business Part would have jurisdiction with respect to business and commercial disputes involving contracts; the Uniform Commercial Code; banking; insurance; commodities; securities; corporations; non-profit corporations; partnerships; limited liability entities and associations; business trusts; competition among businesses; business reorganizations; dispositions of businesses; business combinations; shareholder, partner and member disputes; intellectual property matters; the termination of services to a business or an agreement not to compete; employment agreements with an executive officer or manager; and other commercial disputes as provided by the court rules. The Business Part would also hear certain private actions authorized under federal law which may be heard in State court pursuant to which a federal agency regulates certain matters. The bill sets forth certain other instances such as business and commercial disputes where the parties to a contract have agreed in writing to the jurisdiction or other matters provided by statute. It would not have jurisdiction over consumer claims matters. Matters would be heard in the Business Part by a judge sitting without a jury, upon the parties waiving the right to a jury trial.
