2 2011 Annual Report Fulton County Superior Court
Governing Rules The Supreme Court of Georgia promulgated Atlanta Judicial Circuit Rule 1004 governing the procedures of the on June 3, 2005, as amended on June 6, 2007, May 6, 2009, and September 1, 2010. Purpose provides just, accurate, timely, and efficient resolution of complex commercial and business cases, in addition to retaining legal business in Georgia and developing a robust body of business law in Georgia. More than 500 businesses have chosen to resolve their cases because of the expert judicial attention given to complicated business cases by experienced judges with specialized training in business law subjects. Litigants benefit from reduced resolution time through increased case management components, including: Comprehensive scheduling orders addressing all aspects of a case, including electronic discovery, Responsiveness to discovery disputes, Prompt scheduling of oral arguments and written rulings on all substantive motions, Mediation, and Cases are not scheduled behind a general docket of criminal and civil cases Judges Three Senior Judges Judge Long, Judge Bonner, and Judge Westmoreland and one Active Judge Judge Goger serve the and receive case assignments on a rotating basis. The Chief Judge appoints the Bench for up to a two year term. With support staff, these Judges have the experience and time necessary to administer the complex cases. Senior Judges Judge John Goger are readily available to address any discovery disputes or other emergency that may arise during the course of a case. While the Active Judge still maintains a general docket, he devotes 2
blocks of time to the exclusive administration of cases. Senior Judge Alice Bonner Senior Judge Elizabeth Long A panel of five Active Judges is designated to oversee the operations of the and to vet the eligibility of cases seeking transfer to by assessing the procedural and substantive complexity presented in the cases. Currently, the Committee is comprised of Chief Judge Wright, Judge Goger (Chief Business Case Division Judge), Judge Shoob (Vice Chair of the Committee), Judge Glanville, and Judge Lee. Upon a majority vote of the Committee, cases can transfer to for assignment to a Judge. The Business Case Division Judges and the staff attorney attend a series of monthly lectures coordinated with the assistance of the State Bar of Georgia. The lectures cover topics such as fiduciary duties, capitalization issues, corporate governance, derivative actions, mergers and acquisitions, among other business law topics. Senior Judge Melvin Westmoreland The utilizes early case management conferences (within 30 days of transfer), mediation, and ready availability to address discovery issues as they arise. Together, these features comprise a program that is dedicated to the efficient, just, and timely resolution of complex commercial and business cases with an emphasis on providing superior service to litigants throughout the process. 2011 Highlights State Bar Corporate Section Gift In August 2011, the was delighted to receive a generous gift from the Corporate Section of the State Bar of Georgia in the amount of $20,000, which will ensure the continued success and expansion of the s operations despite the difficult economic climate. Seminar on New Evidence Rules In September, hosted a seminar on the New Evidence Rules in Georgia presented by Professor Paul Milich. Professor Milich was the Reporter for the State Bar of Georgia's Evidence Study Committee, which successfully urged the adoption of new rules Professor Paul Milich 3
of evidence in Georgia. He is the author of three books, Georgia Rules of Evidence (3rd ed.), Courtroom Handbook on Georgia Evidence and Trial Practice: Exercises in Witness Examination and the Rules of Evidence. Business Law Institue In October, the was invited to participate in the Business Law Institute, an intensive two day seminar attended by hundreds of attorneys from across the southeast featuring presentations on the leading issues facing business lawyers. Substantive rulings were highlighted by several panel participants. Additionally, personnel hosted a booth and fielded questions from attendees. Corporate Counsel Institute Again, in December 2011, the was invited to provide opening remarks at the Corporate Counsel Institute, a two day gathering of corporate counsel from businesses all across the southeast. Participants were provided an overview of the program and shown how the can benefit their companies in the event that they are faced with litigation. Survey Finally, in October and November, the conducted a satisfaction survey among litigants who had cases disposed of from 2009 2011. The Division received positive feedback about its performance in categories such as quality of case management, timeliness of rulings, availability of the Court for motions, hearings and conferences, quality of legal analysis and impartiality of the bench. Overall, practitioners opinions of the were overwhelmingly positive, with 88% of respondents indicating that they were satisfied, or very satisfied, with. 46% Survey 42% 5% 1% 6% Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied Case Activity Case Eligibility Cases that implicate the Georgia Securities Act of 1973, UCC, Georgia Business Corporation Code, Uniform Partnership Act, Uniform Limited Partnership Act, Georgia Revised Uniform Limited Partnership Act, or Georgia 4 Limited Liability Company Act are eligible to be transferred to the. Additionally, any other action in which the amount in controversy exceeds $1 million and warrants the attention of the, including
large contract and business tort cases and other complex commercial litigation may also be considered. Cases involving personal injury, wrongful death, employment discrimination, or consumer claims in which each individual s claims are in the aggregate less than $1 millions are typically not eligible to be transferred to the. However, exclusions may be waived with consent of all parties. Cases Transferred into Cases are identified for transfer to Business Court upon the motion of one or more parties or by judicial request. In 2011, 29% of the cases transferred were initiated by a judicial request while 28% were initiated by the plaintiff s motion. In 2011, more litigants than ever sought transfer to, with a total of 30 requests to transfer to, an increase from the 20 requests made in 2010. 24% How Cases Were Trasferred into (2011) 28% 19% 29% Defense Motion Plaintiff Motion Joint Motion Judicial Request Collection of Transfer Fees In 2011, the collected a record amount of transfer fees. Transfer fees are assessed against the moving party(ies) once a case is accepted for transfer into. These funds are used to continue operations and to assist in judicial funding for Senior Judges. Annual Tranfer Fees $17,000 $15,000 $6,000 2009 2010 2011 Docket by Types of Cases accepts a variety of cases dealing with multiple areas of business law including shareholder derivative class actions, large contractual disputes, disputes over corporate governance and complex business tort cases. In 2011, the reviewed 42 cases for consideration for transfer to 5
, and a total of 29 new cases were added to the docket. Docket by Types of Cases 8% Breach of Contract 22% 37% Corporate Governance 33% Shareholder Derivative Business Tort Caseload Activity The has steadily maintained its level of productivity, handling a total of 69 cases in 2011, a slight decrease from 2010 numbers. The had a record breaking year in terms of the number of cases moved through resolution, with a total of 42 cases closed. 100 80 60 40 20 Cases Handled in (2006 2011) 50 40 30 20 10 Cases Disposed in (2006 2011) 0 2006 2007 2008 2009 2010 2011 0 2006 2007 2008 2009 2010 2011 Age of Docket 30% 30% 26% 15% Pending 18+months Pending 12 18 months Pending 6 12 months Pending 0 6 months As evidenced by the chart to the left, 60% of cases have only been pending for a year or less since transfer to. Of the eleven cases that have been pending for more than a year, all but three are stayed pending the outcome of appeal or a related action. For more information about and its operations, please contact Megan K. Johnson at 404 613 3690 or megan.johnson@fultoncountyga.gov. 6