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Business Courts: They Are Coming to Kentucky (Part Ii)

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Business Courts: They Are Coming to Kentucky (Part Ii) BUSINESS COURTS: THEY ARE COMING TO KENTUCKY (PART II) CLE Credit: 1.0 Sponsor: KBA Business Law Section Friday, June 14, 2019 11:20 a.m. – 12:20 p.m. French Galt House Hotel Louisville, Kentucky A NOTE CONCERNING THE PROGRAM MATERIALS The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgement pf the induvial legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program in dealing with a specific legal matter have a duty to research the original and current sources of authority. Printed by: Evolution Creative Solutions 7107 Shona Drive Cincinnati, Ohio 45237 Kentucky Bar Association TABLE OF CONTENTS The Presenters ................................................................................................................. i Kentucky Supreme Court Order ...................................................................................... 1 Business Courts: A National Trend .................................................................................. 5 Jurisdiction Case Types Chart ....................................................................................... 11 General Rules of Practice and Procedure for the North Carolina Business Court .......... 27 Copy of Michigan Form ................................................................................................ 77 Copy of Nevada Form .................................................................................................. 79 THE PRESENTERS Chief Justice John D. Minton, Jr. State Capitol, Room 230 700 Capitol Avenue Frankfort, Kentucky 40601 [email protected] JOHN D. MINTON JR. of Bowling Green was elected to the Supreme Court of Kentucky in 2006 and re-elected to another eight-year term in 2014. His fellow justices elected him for a four-year term as chief justice in 2008, 2012 and 2016. In July 2017, Chief Justice Minton completed a one-year term as president of the Conference of Chief Justices and chair of the National Center for State Courts Board of Directors. Chief Justice Minton was the first chief justice from Kentucky to hold this post in nearly 25 years. He was appointed to the State Justice Institute Board of Directors in 2016 and currently serves as board chair. SJI is a federal nonprofit corporation that awards grants to improve the quality of justice in state courts. Under Chief Justice Minton's administration, the Supreme Court adopted the state’s first uniform family law rules and formed the Kentucky Access to Justice Commission to improve access to civil legal aid for the poor. As a member of the Task Force on the Penal Code and Controlled Substances Act, Chief Justice Minton joined forces with the Executive and Legislative branches to curb prison costs and improve public safety. He supports transparent government and in 2009 led the Judicial Branch in posting its financial information on a public website shared with the Executive Branch. Chief Justice Minton is steering the Judicial Branch through Kentucky’s worst economic downturn in decades by creating efficiencies at all four levels of the court system. Under his leadership, the Administrative Office of the Courts commissioned the National Center for State Courts to audit the AOC in an effort to achieve a leaner, more efficient organizational structure. As head of the Judicial Branch, he is committed to investing in the people who operate the court system and in the technology that can help Kentucky courts reduce costs and deliver better service. He formed the Technology Governance Committee to create a strategic technology plan for the courts and guide efforts to replace the outdated case management system with one that will allow eFiling and innovative electronic services. He also created a Compensation Commission to determine how to make the Judicial Branch’s salary structure more fair and competitive with the other branches of state government. Chief Justice Minton was in private practice for 15 years before serving as a circuit judge from 1992 to 2003 and a Kentucky Court of Appeals judge from 2003 to 2006. He holds degrees from Western Kentucky University and the University of Kentucky College of Law. He previously served on the board of Council of State Governments and is a 2010 alumnus of the prestigious Toll Fellowship Program, one of the nation’s top leadership development programs for state government officials. In 2003, the Kentucky Bar Association honored him with its Outstanding Judge Award. He was named Distinguished Jurist in 2012 by the University of Kentucky College of Law Alumni Association. He was inducted into the Western Kentucky University Hall of Distinguished Alumni in 2013. i Deputy Chief Justice Lisabeth T. Hughes Jefferson County Judicial Center 700 W. Jefferson St., Suite 1000 Louisville, Kentucky 40202-4737 [email protected] DEPUTY CHIEF JUSTICE LISABETH T. HUGHES serves Jefferson County, which is the 4th Supreme Court District. In February 2017, Chief Justice of Kentucky John D. Minton Jr. named her deputy chief justice of the Supreme Court. The deputy chief justice fills in when the chief justice recuses in a case or an administrative matter. Justice Hughes has served on the Supreme Court for over 11 years and has been a judge for 22 years. She was appointed as a justice in 2007 to fill the vacancy created by the retirement of the late Justice William E. McAnulty Jr. In November 2008, the voters of Jefferson County elected her to serve as the justice from their district. She was re-elected in November 2014. Prior to taking the Supreme Court bench, Justice Hughes served as a Kentucky Court of Appeals judge from 1997-1998 and a Circuit Court judge in Division 3 of Jefferson Circuit Court from 1999-2006. She was reappointed to the Court of Appeals in 2006 and later elected to that court, where she was serving when she was nominated by the Judicial Conduct Commission and appointed by the governor to the Supreme Court. Justice Hughes is the only woman who has served on Kentucky's three highest courts. After earning her bachelor’s degree with highest honors from the University of Louisville, Justice Hughes graduated magna cum laude from the University of Louisville Louis D. Brandeis School of Law, where she was named Outstanding Graduate of her law school class and served as executive editor of the law review. Before serving as a judge, she practiced law in Louisville for 15 years, concentrating on business and commercial litigation. Justice Hughes is chairwoman of the Civil Justice Reform Commission and in that role is spearheading the implementation of Business Court in Kentucky. She also chairs the Supreme Court's Civil Rules Committee and has been the Supreme Court representative on the Board of Trustees of the Kentucky IOLTA Fund since 2008. Justice Hughes is past president of the Louis D. Brandeis Inn of Court and continues to serve as a Master of the Inn. She is former chairperson of the alumni council for the University of Louisville Louis D. Brandeis School of Law and served as a trustee for the Kentucky Judicial Form Retirement System Board from 2000-2012. She is a past Louisville Bar Association Judge of the Year and was recognized as the U of L Law Alumni Fellow in 2009. In 2018, Justice Hughes received the Judge Benjamin Shobe Civility and Professionalism Award from the Louisville Bar Association. ii Judge Angela McCormick Bisig Circuit Court Judge, Division 10 Louisville, Kentucky JUDGE ANGELA MCCORMICK BISIG has been a member of the Kentucky Judiciary for 14 years. She is currently a Jefferson County Circuit Court Judge. She was elected to this position in November 2012. Prior to this post, Judge Bisig was elected and served for 10 years as a Jefferson County District Judge, where she was first elected in 2002. Judge Bisig worked as a Juvenile Court Judge for many years and also helped to establish a special program called the Enhanced Supervision Docket requiring court supervision of domestic violence offenders. Judge Bisig was elected the Chief Judge of District Court in 2012. Before becoming a Judge, Judge Bisig worked as a prosecutor in the area of domestic violence and sexual assaults for seven years. She also practiced civil law in the firms of Brown, Todd & Heyburn and Greenebaum Doll & McDonald. Judge Bisig is very involved in the community and is currently Chair of the Board of Directors for Restorative Justice Louisville. She assisted in bringing a restorative justice pilot project to juvenile court. This project is transforming youth in our community that have been charged with crimes in juvenile court. She also serves on the Disproportionate Minority Confinement Committee of the juvenile court. She has also worked for years on the Chief Justice’s Racial Fairness Task Force. Judge Bisig is involved in our community’s international community. She serves on the Board of Directors of the World Affairs Council of Kentucky and Southern Indiana and regularly hosts international
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