Cuyahoga County's Business Docket

In January of 2009, the Cuyahoga County Court of Common Pleas became one of five Ohio county courts that started specialized business dockets to handle complex business litigation. The specialized dockets are a result of a July Ohio Supreme Court decision to authorize a four-year experiment in five counties, which in addition to Cuyahoga include Franklin, Hamilton, Lucas and Montgomery counties.

Initially, after receiving training, one judge will begin taking cases on the new docket though another judge will likely be added in the future. These judges will handle issues such as those related to starting or terminating a business, contract violations, fraud, determining the rights of partners or shareholders, trade secrets, antitrust claims, insurance coverage, non-compete agreements, employment contracts, investments, and liability suits against directors and officers.

Cases such as personal injury and wrongful death, consumer product claims, wage-and-hour and other employment claims, issues involving unions, discrimination, tac, real estate and lawsuits between bsuiness and government will remain on the regular civil docket. The Cuyahoga County Court already has a complex litigation dockets for asbestos, silica and welding rod cases.

The new program is seen as an effort to keep bsuiness litigation in the state and as a way of boosting Ohio's economy. Proponents believe that by fast-tracking businesses' legal disputes, the area will become more desirable for companies to be be located. The change will result in a few judges who are very knowledgeable about business law, which leads to a deeper understanding and more consistent verdicts.

There are possible drawbacks to the program. The program does not call for extra funding for the business docket. Similar programs in other states require specialized courtrooms and additional law clerks, none of which are called for in the Ohio plan.

There are also issued of whether there are enough cases to justify a business docket and whether or not cases that do not qualify for the business docket might end up there nonetheless.

However, the potential for disputes between businesses to be refereed better, end sooner and conclude more predictably is enticing.

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