What is the North Carolina Business Court and Why Should My Business Dispute Be Decided There?
If you have a complex business dispute in North Carolina that needs to be taken to court, where do you file it? And, is there any way to avoid the problem of judges rotating into and out of your case, as happens in Superior Court?
The answer to both questions is “yes.” Some business owners may not know it, but there is a special session of the North Carolina court system called the Business Court. It is set up specially to make litigation of complex business matters more efficient.
Cases eligible to be filed with the Business Court are those that involve more complicated business issues. Some of the types of issues making a case eligible for the Business Court are those involving corporate law, securities, trademarks, intellectual property, antitrust law, or where the amount in dispute is at least $1 million. The case can typically meet any one of these criteria.
Business Court judges deal almost exclusively with business cases. This makes Business Court the ideal forum for business owners, entrepreneurs, and franchisees who seek an attentive consideration of their issues.
To request assignment to Business Court, the plaintiff has to make a request when filing the complaint. If the plaintiff does not do so, then the defendant has 30 days to request. If the request is not timely made, the case will probably be handled in the Superior Court.
After your case has been accepted by the Business Court, it the Chief Judge assigns the case to a particular Business Court Judge. This judge will usually remain with the case the entire time it is pending. In contrast, in Superior Court, judges rotate, usually every six months, requiring attorneys to educate each new judge about the issues, and potentially leading to conflicting decisions. The Business Court avoids these problems.
If you have a business dispute, contact Fairview Law to see whether your case might be eligible to be heard in Business Court.
Fairview Law represents business owners, franchisees, entrepreneurs, and start-ups in complex business issues, anything from starting a business to litigating complex business cases. See how we can help your business succeed.