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Saturday, May 07, 2016
Ind. Courts - "SHEPARD: New commercial court dockets could boost job growth"
Randall Shepard, former Chief Justice of Indiana, writes in this week's IBJ on the new commercial courts dockets. A sample:
One element of a state’s capacity for gaining ground in national and global marketplaces is whether its legal climate and particularly its courts help advance economic development and the jobs that come with it—or make it more difficult.See other ILB entries on the commercial court project here.
Indiana has historically ranked well on this score and we are about to get better. * * *
How well does a state’s court system handle litigation arising from a dispute between business organizations? An example might be litigation between contractors and subcontractors. Or suits between insured corporations and their insurers. Or cases involving suppliers and retailers.
Many such disputes are resolved without trial, inasmuch as the contending parties mostly would like to resolve the case so they can get about the business of doing more business—sometimes doing more business with each other. Getting to agreement can depend on progress in the litigation, as parties tighten their focus on the facts and evaluate their positions.
Their ability to move through the court system is sometimes hampered by the fact that they often are competing for time on a docket with a variety of other lawsuits of a totally different character, like family law, personal injury claims or residential mortgage foreclosures. The techniques a judge might use to conserve court time and lawyer time in these varying fields can be quite different.