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When is a case tried in Complex Business Litigation Court?

If you own a company in Miami, Florida, and there is a chance that you will be involved in business litigation, the expense and time that the process will take may be of concern. Fortunately, the Eleventh Judicial Circuit in Miami-Dade County, Florida, has a Complex Business Litigation Section, also known as Section 40, set up specifically to expedite some business litigation cases and ensure effective outcomes.

There are a number of different types of cases that may be assigned to Section 40, including the following:

  •          Construction defects, excluding personal injury cases
  •          Corporate governance issues
  •          Trade secret actions
  •          Surety bond issues
  •          Breach of contract
  •          Franchise actions

Others include actions relating to business torts, such as fraud, unfair competition and other intentional acts that interfere with business contracts. Business restructuring, sale, purchase or dissolution actions may be assigned to Section 40, as well as claims involving antitrust laws or the Florida Deceptive and Unfair Trade Practices Act.

To qualify, it must be established first that your case involves a sum greater than $150,000, not including attorney’s fees, interest and other costs. When deciding whether your case should be referred to this court, several factors may be considered. For example, is there a likelihood that the outcome will have a serious effect on your business? Does the Court expect a long trial process? A high number of motions, claims, witnesses and documents also increase the chances your case will be moved to Section 40.

This information provided about Florida’s business litigation court is for informational purposes only and should not be considered legal advice.

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