Thứ Sáu, 3 tháng 2, 2012

Business Court -- Yay or Nay?



With Judge Freeman passing the complex business litigation torch to Judges Bailey and Rodriguez, the question inevitably arises:

Is the darn thing any good?

In the Yay column stands my pal Mike Higer, (I'm pretty sure that's him above) who says they are making some changes in 2012 to better improve how the courts operate, but in general they are working well:
"Business courts have accomplished exactly what the lawyers in the business community wanted to see occur," says Higer — "to get a judge whose more proficient and efficient in handling business disputes." 
Not everyone agrees:
Lawyers say several factors have left room for improvement, however. "There’s a perception that cases were moving too slowly and decisions were taking longer than hoped to get decided," says Jim Murphy, an attorney with Shook Hardy & Bacon in Tampa. Murphy says much of the problem has stemmed from funding issues — the business courts, he says, didn’t get the kind of support staff and other help to enable them to work through cases more quickly. "These are complicated cases that require research and active case managing, and the resources we initially had envisioned were not there," he says. "I think the caseloads were more than anticipated." 
My own take is I love the concept, but the execution needs work.

Judge Freeman of course is the best, but the procedural rules are clunky and sometimes favor form over function.

Still, it beats waiting behind several thousand foreclosure proceedings in order to get two minutes with the Judge.


What say you?

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