As reported in this blog on July 24, 2017, the Administrative Board of the New York Unified Court System has been considering a proposal to pilot a “Large Complex Case List” in the New York County Commercial Division.  On October 23, 2017, the Chief Administrative Judge of the Courts formally adopted the Large Complex Case List as a pilot program for the Commercial Division of the Supreme Court of New York County.[i]

Under this pilot procedure, a Commercial Division justice may designate a case for the List, either sua sponte or by application of a party, if the case “addresses commercial claims for an amount no less than $50 million” excluding punitive damages, interest, costs, disbursements and counsel fees, or if the case “addresses matters of sufficient complexity and importance to warrant such designation.”[ii]

Justices presiding over cases on the Large Complex Case List may require the parties to use hyperlinked briefs and electronic document depositories, and may refer the cases to special referees for discovery matters, special mediators, or settlement judges.

The Large Complex Case List will be effective in New York County as of January 1, 2018.

We will continue to monitor developments and any announcements of new procedures or protocols as they occur.