The New Jersey Supreme Court’s Working Group on Business Litigation has released its report analyzing the needs of the state’s business community and proposed actions by the court system that could address those needs.


As Chief Justice Rabner mentioned at our Spring Luncheon, he opposes the creation of a separate business court within the judiciary. Bearing that in mind, the committee’s report recommends that an existing pilot program in the Bergen and Essex vicinages targeting commercial litigation be expanded statewide. The Bergen/Essex Complex Commercial Pilot Program allows the assignment judge in each vicinage to designate a judge with expertise or interest in developing expertise in business or commercial litigation to oversee the resolution of all commercial matters from beginning to end. This approach preserves the Chief’s vision while allowing entities involved in business litigation to have their case in front of an experienced judge.


The report further recommends that a protocol for identifying each case that qualifies as complex commercial litigation be established. The report suggests a dollar amount of $200,000 could be used. Once a case is identified, the parties will be encouraged to take advantage of the complex commercial litigation program, which includes incentives to mediate.


Finally, the report encourages judges in complex commercial cases to publish written opinions that address interesting or novel issues.


Written comments on the new report will be accepted until June 6, 2014.


Send comments to:

Judge Glenn A. Grant

Acting Administrative Director of the Courts

Comments on Business Litigation Report

Hughes Justice Complex

P.O. Box 037

Trenton, NJ 08625


or Commenters must include their name and address.


News Coverage of the Report’s Release:

N.J. Panel Urges Special Handling For Complex Commercial Litigation

Mary Pat Gallagher | New Jersey Law Journal

A New Jersey Supreme Court committee studying the idea of a specialized business court in the state says there’s no need, but it suggests other ways to improve the management of commercial litigation.

Read More.



The New Jersey Civil Justice Institute will be holding a teleforum on the report with working group member David Kott, a partner at McCarter & English LLP and member of the NJCJI Board, on Tuesday, April 15th from 1:30-2:00 PM.


If you are interested in joining the call, please email NJCJI’s Director of Public Affairs, Emily Kelchen, for the call-in information.