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order enables the CCLD judges’ ex- pertise to be leveraged in appropriate cases while easing the workload of the Court of Chancery, which presides over a large number of highly expedited and complex proceedings in addition to a substantial docket of non-business pro- ceedings, such as adult guardianships and trusts-and-estates actions. While the cross-designation program is currently in a one-year trial phase, we predict that it will continue far into the future and become an increasingly valuable synergy between Chancery and CCLD.
The CCLD’s Value on Display:
Dominion v. Fox
The above-described qualities of the CCLD, and the value it brings to liti- gants, were on full display recently dur- ing one of 2023’s highest-profile law- suits, the Dominion v. Fox defamation case.12 While we refrain from expound- ing on the merits of the suit or its reso- lution, a few notable facts about the way the case proceeded before Judge Davis are worth emphasizing.
First, despite being an extremely complex and far-reaching dispute with more than $1 billion in controversy, the case was set for trial less than 25 months after the initial complaint’s filing — a relatively brisk timeline for any com- plex litigation, let alone one of that size and scope. Moreover, a careful review of the docket reveals expert and timely case management by Judge Davis, who ruled on myriad motions quickly and clearly. The case also generated nearly 200 pages of written opinions, includ- ing on motions to dismiss and cross- motions for summary judgment. Judge Davis also ruled on numerous discovery motions and motions in limine. Com- mentators and scholars have justifiably praised the Court’s case management, stating that the pretrial rulings were “comprehensive, clear and direct” and that Judge Davis’s approach was “even- handed and reasonable.”13
These statements are not surpris-
ing; the CCLD judges and supporting personnel strive every day to embody those qualities in every case assigned to them. Their success in meeting that standard is evident from a review of the CCLD’s written opinions or substan- tive orders, of which 62 were issued in 2022 and 42 have already been issued in 2023 to date. Similar to decisions is- suing from the Court of Chancery, the CCLD judges’ written opinions both decide the issues presented and pro- vide valuable insights into the state of Delaware law on various topics impor- tant to corporate and commercial ac- tors. As the body of precedent from the CCLD continues to grow, certainty and predictability for Delaware entities and their stakeholders on numerous issues continue to be enhanced.
Conclusion
By all accounts, the future of the Delaware Superior Court’s CCLD is bright, thanks in large part to its judi- cial officers and staff, its built-in flexibil- ity and efficiency, its synergies with the CourtofChancery,anditsdemonstrat- ed excellence in resolving high-stakes disputes. We look forward to following the CCLD’s continued rise to promi- nence in the legal communities of both our state and our nation.
NOTES
5. See Joseph R. Slights III & Eliza-
beth A. Powers, DELAWARE COURTS CONTINUE TO EXCEL IN BUSINESS LITIGATION WITH THE SUCCESS OF THE COMPLEX COMMERCIAL LITI- GATION DIVISION OF THE SUPERIOR COURT, 70 Bus. Law. 1039 (2015); see also Lee Applebaum et al., THROUGH THE DECADES: THE DEVELOPMENT OF BUSINESS COURTS IN THE UNITED STATES OF AMERICA, 75 Bus. Law.
2053 (2020). Interestingly, the CCLD likely would not have come into existence but for the urging of the then-leader of the Court of Chancery, William B. Chandler III. Chan- cellor Chandler had been invited to speak
at a meeting of the then-nascent American College of Business Court Judges. While there, he observed that several jurisdictions had developed, or were in the process of developing, specialized divisions within their general jurisdiction trial courts that were focused on the litigation of complex business disputes. Upon his return from the meeting, Chancellor Chandler telephoned then-Judge Slights to tell him that the Superior Court needed “to get a move on.” That prompted Judge Slights to speak with President Judge Vaughn about exploring the benefits of cre- ating a business court in the Superior Court. President Judge Vaughn then authorized
the creation of the Committee, chaired
by Frederick L. Cottrell III. Under Fred’s leadership, the Committee worked tirelessly with the Court to create the criteria for the CCLD and to provide invaluable guidance regarding the vision for the division.
6. Applebaum, supra note 7, at 2058.
7. Slights&Powers,supranote7,at1046, 1055.
8. See, e.g., Sample CCLD Case Manage- ment Order – Bench Trial, available at https://courts.delaware.gov/superior/pdf/ CCLD_CMO_GENERAL_Bench_Trial_ Shell_03_10_2022.pdf.
9. See Judicial Officers’ Civil Case Man- agement Preferences, available at https:// courts.delaware.gov/superior/judgespref/. 10. See In re Designation of Action Filed Pursuant to 8 Del. C. § 111, Cross-Designa- tion Order (Feb. 23, 2023).
11. Id.
12. The case comprised two separate con- solidated actions: C.A. No. N21C-03-257 EMD and C.A. No. N21C-11-082 EMD CCLD. While the consolidated action does not appear to have been formally designated as a CCLD action, the parties’ case manage- ment order was similar to the CCLD form and Judge Davis presided over the action from its inception through dismissal. Thus, regardless of its formal designation, the Do- minion v. Fox case proceeded similarly, if not identically, to a formally designated CCLD matter.
13. Katie Robertson, In Fox-Dominion Tri- al, All Eyes Are on the Judge, Too, THE NEW YORK TIMES (Apr. 13, 2023), available at https://www.nytimes.com/2023/04/13/ business/media/fox-dominon-judge-davis. html.
1. 2.
See 10 Del. C. §§ 341, 342.
For example, in its 2022 fiscal year, the
Superior Court recorded 7,882 civil filings. President Judge Jan R. Jurden, 2022 AN- NUAL REPORT OF THE DELAWARE JUDICIARY: SUPERIOR COURT, avail- able at https://courts.delaware.gov/aoc/An- nualReports/FY22/doc/Superior2022.pdf. 3. Jeffrey Bullock, DELAWARE DIVI- SION OF CORPORATIONS: 2022 AN- NUAL REPORT, available at https:// corpfiles.delaware.gov/Annual-Reports/ Division-of-Corporations-2022-Annual- Report-cy.pdf.
4. SPECIAL COMMITTEE ON SUPE- RIOR COURT BUSINESS/COMPLEX LITIGATION, REPORT AND RECOM- MENDATIONS (June 2, 2009), available at https://www.morrisjames.com/assets/ htmlimages/blogs/2014/03/Special-Com- mittee-on-Superior-Court-Business-Compl. doc.
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