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BUSINESS COURTS

Megan Wischmeier Shaner

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Kenneth E. McAfee Centennial Chair in Law

President’s Associates Presidential Professor

University of Oklahoma College of Law

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AGENDA

  • Overview of Business Courts
  • Oklahoma’s Failed Experiment

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HISTORY & TRENDS IN BUSINESS COURTS

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DELAWARE: THE “GODFATHER” OF THE MODERN BUSINESS COURT

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  • Court of Chancery (est. 1792)�
  • Over 2 million legal entities incorporated in Delaware

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  • 67.6% of all Fortune 500 Companies�
  • 80% of U.S. based IPOs in 2023 incorporated in Delaware

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BUSINESS COURT & COMMERCIAL LITIGATION DOCKET CREATION

Year

Number of courts/dockets

1993-95

3

1996-98

2

1999-01

5

2002-04

2

2005-07

4

2008-10

4

2011-13

4

2014-16

3

2017-19

2

2020-22

1

2023-24

2

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U.S. BUSINESS COURTS & COMMERCIAL LITIGATION DOCKETS 2025

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ATTRIBUTES OF BUSINESS COURTS

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  • Creation
  • Statewide or regional coverage
  • Jurisdictional thresholds
  • Judge vs. Jury
  • Judges – elected vs. appointed, term length, qualifications, political balance
  • Appeals
  • Publish opinions
  • Other unique features

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Takeaway: no “one size fits all”

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OKLAHOMA�

  • 2004 – calls for “tort reform”
  • 2024 – Task Force for the Study of Business Courts
  • May 2025 – SB 632 passed and signed by Governor
    • Sept. 1, 2025 – Act becomes effective
  • June 26, 2025 – White & Waddell v. Stitt filed
    • July 15, 2025 – temporary stay
    • Oct. 8, 2025 – opinion issued

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SB 632

  • Any judicial district in OK containing a county with a population >500,000
  • Judges:

- Appointed

- 8-year term

- Qualifications

35 yrs old

US citizen

Licensed attorney in good standing in OK with 10 years or more experience in certain areas

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SB 632

  • Jurisdiction

$500,000 amount in controversy; business issues; “complex cases”

  • Removal process
  • Jury trial may be reserved
  • Non-jury trials shall be resolved w/in 12 months of the filing of the action

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WHITE & WADDELL V. STITT�

  • Held SB 632 to be unconstitutional and void

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  • Creation of a new court in violation of Art. VII, § 1
    • Judicial power is vested in only 8 enumerated courts

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  • Appointment of judges in violation of Art. VII, § 9 requiring election of judges

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WHITE & WADDELL V. STITT�

  • Other constitutional issues:
    • More stringent judge qualifications, different starting and ending term dates, and longer terms than those set forth in Art. VII, § 8
    • Higher salaries and designated clerks (Art. V, § 59)
    • No legislative power to create a new class of judges within the district court system (Art. VII, § 8)
    • Appointment process circumvented Judicial Nominating Commission
    • $1,500 filing fee restricted access to courts by charging filers different amounts in different counties (Art. II, § 6)