Complex Commercial or Complex Business Litigation

Florida law contains a particular provision which defines and sets out rules for "complex" litigation.  Generally, this is litigation that is likely to involve complicated legal or case management issues.  Rule 1.201 sets out a number of factors a court might consider in determining whether to declare a particular action is "complex" such as 

(a) number and complexity of pretrial motions;
(b) management of many parties;
(c) coordination with other pending actions in other courts;
(d) large number of witnesses/documentary evidence;
(e) substantial time to necessary for trial;
(f) a large number of experts, witnesses, attorneys or exhibits;
(g) necessity of substantial post-judgment supervision;
(h) other similar factors.

The benefit to Plaintiffs (and other related parties) in having a Court determine that a case is "complex" can serve to expedite issues, save costs and move the trial to a resolution in a much more efficient manner.  Once a court determines that a case is complex, numerous additional procedures apply including the requirement to have certain case management orders and conferences occur.  The Court generally becomes much more proactive in managing the case and moving the case forward by entering appropriate orders.

In addition to the establishment of such procedures, certain circuits in Florida have established separate courts solely for complex business litigation matters.  The existence of a complex business litigation division and the decision of whether and how to utilize and request assignment to such division is an important determination to be made.  Complex Business Litigation divisions of Florida Courts often have their own specific rules (in addition to applicable Florida and other local rules).  The knowledge and utilization of such rules is a significant tool which can be used by a business litigation attorney to advance and advocate for a client's cause of action.  Additionally, when counsel is not aware of or does not appropriate utilize such rules, they can put their client at a significant disadvantage in complex business litigation matters.

Brick Business Law practices in the area of complex commercial and complex business litigation.  If you are currently involved in or think you may become involved in a complex litigation matter, call or e-mail us for a free initial consultation.