Georgia Legislature Passes Enabling Legislation for Statewide Business Court
After different House and Senate bills creating the statewide business court made their way through the legislative process in 2019, the final product passed on Day 40 as HB 239. Under HB 239, a plaintiff can choose to file an action directly with the business court, all parties can consent to remove a pending action to the business court, or a party may petition the business court to transfer a pending action to the business court. This hardly ends the issue, however. The business court may transfer an action filed in business court and reject all petitions to remove and transfer “even if such claims are within [its] jurisdiction.”
The business court has concurrent jurisdiction with superior and state courts over claims arising under the Uniform Commercial Code, the Georgia Uniform Securities Act and the Georgia Business Corporation Code, among others. Where damages are requested, the amount in controversy must exceed $500,000 or $1 million for claims involving commercial real property. The court will begin accepting cases on Aug. 1, 2020.
This new court creates opportunities and challenges for business litigation in Georgia. For more information, contact Dan Davis at 404-869-5261.