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Letter to the Editor from Stuart A. Hoberman on Assembly Bill 3544- Business Court Legislation

Ronald J. Fleury

New Jersey Law Journal

Dear Mr. Fleury:

This letter is intended to address recent concerns which have been raised regarding Assembly Bill 3544 which creates a Commercial and Technology Part in the Law Division of the Superior Court, particularly those which might suggest the bill interferes with the right to trial by jury in the State of New Jersey.

We believe the enactment of this legislation will improve the economic climate in New Jersey. One of the primary reasons why the NJSBA endorsed the creation of a Commercial and Technology Part was to create a cadre of judges with experience in handling not just complex litigation, but many commercial cases of all types filed annually. Such action is necessary to expedite review of these matters and establishing greater predictability in decisions affecting business disputes.

The bill would not discourage the use of a jury as it leaves litigants with all the rights and options available in the Law Division. Nothing new regarding jury trials is being proposed in this legislation that doesn’t already exist except making certain that commercial cases are handled by judges with expertise in this area of the law.

Many Mid-Atlantic jurisdictions surrounding New Jersey (New York, Delaware, Pennsylvania, Connecticut, Massachusetts, and North Carolina) have all succeeded in providing specialized treatment for business litigants which has resulted in a speedier, more predictable case administration and jurisprudence than prior to the adoption of such efforts. This is a win-win situation not only for all New Jersey clients, and lawyers but for the judiciary and individual judges as well. We hope we can count on the support of all members of the bar in this endeavor.

Very truly yours,

Stuart A. Hoberman