Once a case has been filed, the clerk shall forthwith bring the complaint and BLS Civil Action Cover Sheet to the attention of the BLS Administrative Justice, who will determine whether to accept the case into the BLS. In the event that the plaintiff is seeking ex parte relief or a short order of notice, the BLS Administrative Justice will first decide if the case is accepted into the BLS and if it is, rule on the request. If the case is not accepted, then the case will be assigned to a regular Suffolk civil session and the request will be handled by the judge assigned to that session.
Cases that fall within any of the following categories may be accepted into the BLS in the sound discretion of the BLS Administrative Justice, based principally on the complexity of the case and the need for substantial case management:
a.1 claims relating to the governance and conduct of internal affairs of entities
a.2 claims relating to employment agreements
a.3 claims relating to liability of shareholders, directors, officers, partners, etc.
b.1 shareholder derivative claims
b.2 claims relating to or arising out of securities transactions
c.1 claims involving mergers, consolidations, sales of assets, issuance of debt, equity and like interests
d.1 claims to determine the use or status of, or claims involving, intellectual property
d.2 claims to determine the use or status of, or claims involving, confidential, proprietary or trade secret information
d.3 claims to determine the use or status of, or claims involving, restrictive covenants
e.1 claims involving breaches of contract or fiduciary duties, fraud, misrepresentation, business torts or other violations involving business relationships
f.1 claims under the U.C.C. involving complex issues
g.1 claims arising from transactions with banks, investment bankers and financial advisers, brokerage firms, mutual and money funds
h.1 claims for violation of antitrust or other trade regulation laws, including class actions
h.2 claims of unfair trade practices involving complex issues, including class actions that do not involve personal injury
i.1 professional malpractice claims other than claims for personal injury or death
j.1 claims by or against a business enterprise to which a government entity is a party
k.1 other claims involving complex issues or that require close case management, including but not limited to insurance coverage or reinsurance, construction, commercial lease disputes, real estate and consumer matters.
If a case is accepted into the BLS, a Notice of Acceptance into the Business Litigation Session shall be issued and the case shall be assigned to either BLS1 or BLS2.
If a case is not accepted into the BLS, a Notice of Denial of Acceptance into the Business Litigation Session shall be issued and the case shall be assigned, or returned, to a regular civil session.