§ 7A‑45.4. Designationof mandatory complex business cases.
(a) A mandatory complexbusiness case is an action that involves a material issue related to:
(1) The law governingcorporations, except charitable and religious organizations qualified under G.S.55A‑1‑40(4) on the grounds of religious purpose, partnerships,limited liability companies, and limited liability partnerships, includingissues concerning governance, involuntary dissolution of a corporation, mergersand acquisitions, breach of duty of directors, election or removal ofdirectors, enforcement or interpretation of shareholder agreements, andderivative actions.
(2) Securities law,including proxy disputes and tender offer disputes.
(3) Antitrust law,except claims based solely on unfair competition under G.S. 75‑1.1.
(4) State trademark orunfair competition law, except claims based solely on unfair competition underG.S. 75‑1.1.
(5) Intellectualproperty law, including software licensing disputes.
(6) The Internet,electronic commerce, and biotechnology.
(7) Tax law, when thedispute has been the subject of a contested tax case for which judicial reviewis requested under G.S. 105‑241.16 or the dispute is a civil action underG.S. 105‑241.17.
(b) Any party maydesignate a civil action or a petition for judicial review under G.S. 105‑241.16as a mandatory complex business case by filing a Notice of Designation in theSuperior Court in which the action has been filed and simultaneously servingthe notice on each opposing party or counsel and on the Special Superior CourtJudge for Complex Business Cases who is then the senior Business Court Judge. Acopy of the notice shall also be sent contemporaneously by e‑mail orfacsimile transmission to the Chief Justice of the Supreme Court for approval ofthe designation of the action as a mandatory complex business case andassignment to a specific Business Court Judge.
(c) The Notice ofDesignation shall, in good faith and based on information reasonably available,succinctly state the basis of the designation and include a certificate by oron behalf of the designating party that the civil action meets the criteria fordesignation as a mandatory complex business case pursuant to subsection (a) ofthis section.
(d) The Notice ofDesignation shall be filed:
(1) By the plaintiff,the third‑party plaintiff, or the petitioner for judicial reviewcontemporaneously with the filing of the complaint, third‑partycomplaint, or the petition for judicial review in the action.
(2) By any intervenorwhen the intervenor files a motion for permission to intervene in the action.
(3) By any defendant orany other party within 30 days of receipt of service of the pleading seekingrelief from the defendant or party.
(e) Within 30 daysafter service of the Notice of Designation, any other party may, in good faith,file and serve an opposition to the designation of the action as a mandatorybusiness case. Based on the opposition or ex mero motu, the Business CourtJudge may determine that the action should not be designated as a mandatorycomplex business case. If a party disagrees with the decision, the party mayappeal to the Chief Justice of the Supreme Court.
(f) Once a designationis filed under subsection (d) of this section, and after preliminary approvalby the Chief Justice, a case shall be designated and administered a complexbusiness case. All proceedings in the action shall be before the Business CourtJudge to whom it has been assigned unless and until an order has been enteredunder subsection (e) of this section ordering that the case not be designated amandatory complex business case or the Chief Justice revokes approval. Ifcomplex business case status is revoked or denied, the action shall be treatedas any other civil action, unless it is designated as an exceptional civil caseor a discretionary complex business case pursuant to Rule 2.1 of the GeneralRules of Practice for the Superior and District Courts. (2005‑425, s. 2; 2007‑491,s. 4.)
§ 7A‑45.4. Designationof mandatory complex business cases.
(a) A mandatory complexbusiness case is an action that involves a material issue related to:
(1) The law governingcorporations, except charitable and religious organizations qualified under G.S.55A‑1‑40(4) on the grounds of religious purpose, partnerships,limited liability companies, and limited liability partnerships, includingissues concerning governance, involuntary dissolution of a corporation, mergersand acquisitions, breach of duty of directors, election or removal ofdirectors, enforcement or interpretation of shareholder agreements, andderivative actions.
(2) Securities law,including proxy disputes and tender offer disputes.
(3) Antitrust law,except claims based solely on unfair competition under G.S. 75‑1.1.
(4) State trademark orunfair competition law, except claims based solely on unfair competition underG.S. 75‑1.1.
(5) Intellectualproperty law, including software licensing disputes.
(6) The Internet,electronic commerce, and biotechnology.
(7) Tax law, when thedispute has been the subject of a contested tax case for which judicial reviewis requested under G.S. 105‑241.16 or the dispute is a civil action underG.S. 105‑241.17.
(b) Any party maydesignate a civil action or a petition for judicial review under G.S. 105‑241.16as a mandatory complex business case by filing a Notice of Designation in theSuperior Court in which the action has been filed and simultaneously servingthe notice on each opposing party or counsel and on the Special Superior CourtJudge for Complex Business Cases who is then the senior Business Court Judge. Acopy of the notice shall also be sent contemporaneously by e‑mail orfacsimile transmission to the Chief Justice of the Supreme Court for approval ofthe designation of the action as a mandatory complex business case andassignment to a specific Business Court Judge.
(c) The Notice ofDesignation shall, in good faith and based on information reasonably available,succinctly state the basis of the designation and include a certificate by oron behalf of the designating party that the civil action meets the criteria fordesignation as a mandatory complex business case pursuant to subsection (a) ofthis section.
(d) The Notice ofDesignation shall be filed:
(1) By the plaintiff,the third‑party plaintiff, or the petitioner for judicial reviewcontemporaneously with the filing of the complaint, third‑partycomplaint, or the petition for judicial review in the action.
(2) By any intervenorwhen the intervenor files a motion for permission to intervene in the action.
(3) By any defendant orany other party within 30 days of receipt of service of the pleading seekingrelief from the defendant or party.
(e) Within 30 daysafter service of the Notice of Designation, any other party may, in good faith,file and serve an opposition to the designation of the action as a mandatorybusiness case. Based on the opposition or ex mero motu, the Business CourtJudge may determine that the action should not be designated as a mandatorycomplex business case. If a party disagrees with the decision, the party mayappeal to the Chief Justice of the Supreme Court.
(f) Once a designationis filed under subsection (d) of this section, and after preliminary approvalby the Chief Justice, a case shall be designated and administered a complexbusiness case. All proceedings in the action shall be before the Business CourtJudge to whom it has been assigned unless and until an order has been enteredunder subsection (e) of this section ordering that the case not be designated amandatory complex business case or the Chief Justice revokes approval. Ifcomplex business case status is revoked or denied, the action shall be treatedas any other civil action, unless it is designated as an exceptional civil caseor a discretionary complex business case pursuant to Rule 2.1 of the GeneralRules of Practice for the Superior and District Courts. (2005‑425, s. 2; 2007‑491,s. 4.)
§ 7A‑45.4. Designationof mandatory complex business cases.
(a) A mandatory complexbusiness case is an action that involves a material issue related to:
(1) The law governingcorporations, except charitable and religious organizations qualified under G.S.55A‑1‑40(4) on the grounds of religious purpose, partnerships,limited liability companies, and limited liability partnerships, includingissues concerning governance, involuntary dissolution of a corporation, mergersand acquisitions, breach of duty of directors, election or removal ofdirectors, enforcement or interpretation of shareholder agreements, andderivative actions.
(2) Securities law,including proxy disputes and tender offer disputes.
(3) Antitrust law,except claims based solely on unfair competition under G.S. 75‑1.1.
(4) State trademark orunfair competition law, except claims based solely on unfair competition underG.S. 75‑1.1.
(5) Intellectualproperty law, including software licensing disputes.
(6) The Internet,electronic commerce, and biotechnology.
(7) Tax law, when thedispute has been the subject of a contested tax case for which judicial reviewis requested under G.S. 105‑241.16 or the dispute is a civil action underG.S. 105‑241.17.
(b) Any party maydesignate a civil action or a petition for judicial review under G.S. 105‑241.16as a mandatory complex business case by filing a Notice of Designation in theSuperior Court in which the action has been filed and simultaneously servingthe notice on each opposing party or counsel and on the Special Superior CourtJudge for Complex Business Cases who is then the senior Business Court Judge. Acopy of the notice shall also be sent contemporaneously by e‑mail orfacsimile transmission to the Chief Justice of the Supreme Court for approval ofthe designation of the action as a mandatory complex business case andassignment to a specific Business Court Judge.
(c) The Notice ofDesignation shall, in good faith and based on information reasonably available,succinctly state the basis of the designation and include a certificate by oron behalf of the designating party that the civil action meets the criteria fordesignation as a mandatory complex business case pursuant to subsection (a) ofthis section.
(d) The Notice ofDesignation shall be filed:
(1) By the plaintiff,the third‑party plaintiff, or the petitioner for judicial reviewcontemporaneously with the filing of the complaint, third‑partycomplaint, or the petition for judicial review in the action.
(2) By any intervenorwhen the intervenor files a motion for permission to intervene in the action.
(3) By any defendant orany other party within 30 days of receipt of service of the pleading seekingrelief from the defendant or party.
(e) Within 30 daysafter service of the Notice of Designation, any other party may, in good faith,file and serve an opposition to the designation of the action as a mandatorybusiness case. Based on the opposition or ex mero motu, the Business CourtJudge may determine that the action should not be designated as a mandatorycomplex business case. If a party disagrees with the decision, the party mayappeal to the Chief Justice of the Supreme Court.
(f) Once a designationis filed under subsection (d) of this section, and after preliminary approvalby the Chief Justice, a case shall be designated and administered a complexbusiness case. All proceedings in the action shall be before the Business CourtJudge to whom it has been assigned unless and until an order has been enteredunder subsection (e) of this section ordering that the case not be designated amandatory complex business case or the Chief Justice revokes approval. Ifcomplex business case status is revoked or denied, the action shall be treatedas any other civil action, unless it is designated as an exceptional civil caseor a discretionary complex business case pursuant to Rule 2.1 of the GeneralRules of Practice for the Superior and District Courts. (2005‑425, s. 2; 2007‑491,s. 4.)
