The Business and Consumer Court hears pending new jury and nonjury civil actions and family matters not involving children in which the principal claim(s) involve matters of significance to the transactions, operations or governance of a business entity and/or rights of a consumer arising out of transactions or other dealings with a business entity, and the case requires specialized and differentiated judicial management. (A.O. JB-07-1, sections I & IV). Any superior court justice or district court judge may recommend a case to the court. Parties and/or attorneys may apply for a transfer to the court.
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None known.
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Maine Rules of Civil Procedure R. 23.
Pilot Rules; Business and Consumer Docket Procedural Rules (eff. June 1, 2007).
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Summary of LD 1518, "An Act to Increase Access to Justice in Maine's Court System."
Richardson, John. "Legislature's Judiciary Committee Hears Bill to Create Business Court." (May 10, 2005). Testimony of state speaker of the house.
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See Millett v. Atlantic Richfield Co., 2000 ME 178, 760 A.2d 250. The law court suggested that it would apply the "death knell" exception to the final judgment rule and permit interlocutory appeal of denial of class certification if the denial resulted in the death of the action for named, but not unnamed, plaintiffs. See Millett, 760 A.2d at 256.
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Administrative Order JB-07-1, Establishment of the Business and Consumer Docket (eff. June 1, 2007).
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See Millett v. Atlantic Richfield Co., 2000 ME 178, 760 A.2d 250. The law court suggested that it would apply the "death knell" exception to the final judgment rule and permit interlocutory appeal of denial of class certification if the denial resulted in the death of the action for named, but not unnamed, plaintiffs. See Millett, 760 A.2d at 256.
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The Business and Consumer Court states as its goals "to provide predictable judidical action in selected cases involving business and or consumer disputes, avoid placing unnecessary burdens on the court and the litigants in such cases, keep litigation costs reasonalbe, and promote an effective and efficient process for resolving such disputes."
The court has jurisdiction over "jury and nonjury civil actions and family matters that do not involve children," where "the principal claim or claims involve matters of significance to the transactions, operation or governance of a business entity and/or the rights of a consumer arising out of transactions or other dealings with a business entity," and "the case requires specialized and differentiated judicial management."
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The Judicial Branch Business and Consumer Docket Advisory Committee to the Chief Justice "will continue to assist the Court in assuring that the BCD is responsive to the public's needs"; see the announcement and roster.
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The Business and Consumer Court relies on individualized case management by a single judge. The court also "strongly endorses ADR" as a means to resolve issues. ADR includes mediation, arbitration, and judicially assisted settlement conferences. See the Business and Consumer Court FAQ.
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The Business and Consumer Court requires parties to attend some conferences in person, but offers access to video-conferencing equipment, and may hold video or telephonic conferences "where scheduling and cost dictate." M.R. BCD 3.2; M.R. BCD 7.2.
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