Iowa Business Specialty Court Pilot Project now accepting cases

Beginning this week, litigants sparring over complex business or commercial differences in Iowa will make their plight for why they should get to tell it to a specially-trained judge.

The new Iowa Business Specialty Court Pilot Project began accepting applications Wednesday from parties involved in qualifying business or commercial cases, like those with $200,000 or more in dispute that meet other qualification requirements.

The three-year pilot project, staffed by a trio of judges trained in complex business issues, aims to make the legal process for business litigants more efficient, quicker and more consistent.

The specialty court also will be used as a sort of “laboratory,” meaning it will test different techniques and tools to see if they might be successful for the entire Iowa judicial system.

“We will be allowed to experiment a little more with novel approaches to getting cases ready for trial and resolving cases,” said Polk County District Court Judge Michael Huppert, one of the three judges chosen to hear cases in the new business court. “The sky is the limit as far as what we can do to get cases through the system.”

Judges on the court might also allow teleconferencing and video conferencing for some hearings, saving both themselves and the litigants involved from having to travel as much.

“When parties come from far-flung parts of the state, the travel time and expense is often too difficult,” said Scott County District Court Judge John D. Telleen, another of the business court's selected judges. “There is no reason we can't be open to more teleconference hearings.”

The state's new business court emerged out of an 84-member Iowa Civil Justice Reform Task Force formed in 2010 to consider court innovations that could make Iowa's justice system faster, less complicated, and more affordable.

Other anticipated advantages of the court include consistency in opinions coming from judges experienced in complicated business issues, and the bolstering of case law in complex commercial cases.

“There is a synergy that exists when the same judge is working on a case and coming at it with an approach that is flexible and innovative,” said Monroe County District Court Judge Annette J. Scieszinski, also a business court judge. “It adds energy and focus and creates a different kind of dynamic from the normal docket.”

The three judges – Scieszinski, Telleen and Huppert – were chosen based on their educational background, judicial and trial experience and personal interest in the project. They will balance their new responsibilities on the business court with a regular caseload.

Iowa Supreme Court Justice Daryl Hecht, who chaired the Iowa Civil Justice Reform Task Force, said there will be periodic reviews of the business court's progress and development.

“At the end of the three-year pilot, the court will decide whether it should become a permanent program,” Hecht said. “Along the way, the demand for participation in the docket will drive the court's decision about whether additional specialty court judges should be appointed.”

Cases that are just beginning and those that have been in the works for some time will be eligible for the new court.

As soon as applications come in, the state court administrator will determine whether they qualify and then immediately contact a judge to assign it. The chosen judge would then hold a prompt conference – meaning the specialty court could begin as soon as an applicant is accepted.

Eligible cases for the business court docket must have claims totaling $200,000 or more and involve civil litigation such as:

Technology licensing agreements

Intellectual property rights

Patent rights

Relate to internal affairs of businesses

Breach of contract

Fraud

Commercial class action

Trade secrets

Antitrust

Commercial real property disputes

Business tort claims between businesses or individuals.