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Delaware Superior Court Establishes New Division for Complex Commercial Litigation

April 27, 2010

The Delaware Superior Court announced it has created a new division focused on complex business litigation.  The effective date of the order is May 1, 2010, and the new division will adjudicate commercial cases where more than $1 million is at stake and which are identified as “qualifying cases” by any party. 

“One of the hallmarks of the Delaware courts has been that corporations have an expectation of how a case will be handled,” said Philip A. Rovner and Somers (Chip) Price, Jr., partners at Potter Anderson & Corroon LLP (Wilmington, Del.) and members of the Complex/Business Litigation Committee, a collaborative effort of judges and lawyers who examined the litigation process in Delaware courts and recommended the new division.  “With so many companies incorporated in Delaware, it is almost always a possibility to try a case here.  Now this new division makes it even more attractive to do so.  It will streamline the process for handling complex cases in the Delaware Superior Court and again reinforce why Delaware is the state of choice for corporations and other sophisticated litigants across the country.”

Judges for the new division will hear cases on a rotating basis, and will retain a case for the duration of the matter.  Specific case scheduling and discovery procedures will be promulgated at the outset of a litigation, letting litigants know what to expect and allowing cases of significant monetary and business impact to move through the Superior Court expeditiously.  In addition, the new division offers litigants the chance for a jury trial, not just a bench trial.