PRINTER'S NO. 1341
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
323
Session of
2015
INTRODUCED BY GROVE, SAYLOR, BLOOM, PHILLIPS-HILL, ROZZI,
GREINER, PICKETT, LAWRENCE, DIAMOND, RADER, KORTZ AND
A. HARRIS, APRIL 24, 2015
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 24, 2015
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in organization of
appellate courts, providing for the commerce division of the
Superior Court.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
Section 541.1. Commerce division.
(a) Establishment.--The commerce division is established in
the Superior Court.
(b) Composition.--The division shall consist of judges
appointed by the President Judge of the Superior Court,
including no more than three senior judges:
(c) Status of the commerce division.--The commerce division
of the Superior Court is an administrative unit composed of
those judges of the court responsible for the transaction of
specified classes of the business of the court.
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(d) Jurisdiction.--
(1) The following types of appeals under the
jurisdiction of the Superior Court pursuant to section 742
(relating to appeals from courts of common pleas) shall be
heard by the commerce division:
(i) Actions relating to the internal affairs,
governance, dissolution, liquidation, rights or
obligations between or among owners and liability or
indemnity of managers of corporations, partnerships,
limited partnerships, limited liability partnerships,
professional associations, business trusts, joint
ventures or other business enterprises, including any
actions involving the interpretation of the rights or
obligations under the organic law, articles of
incorporation, by-laws or agreements governing such
enterprises.
(ii) Disputes between or among two or more business
enterprises relating to a transaction, business
relationship or a contract. An appeal under the
jurisdiction of the commerce division pursuant to this
paragraph may include an individual named as a party so
long as the dispute is not prohibited under paragraph
(2).
(2) The following types of appeals shall not be heard by
the commerce division:
(i) Personal injury, survival or wrongful death
matters.
(ii) Individual consumer claims against businesses
or insurers, including products liability and personal
injury cases.
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(iii) Matters involving occupational health or
safety.
(iv) Environmental claims not involved in the sale
or disposition of a business.
(v) Matters of eminent domain.
(vi) Malpractice claims, other than those brought by
business enterprises against attorneys, accountants,
architects or other professionals in connection with the
rendering of professional services to the business
enterprise.
(vii) Employment law cases, except those that the
President Judge deems are commercial in nature.
(viii) Individual residential real estate and
noncommercial landlord-tenant disputes.
(ix) Domestic relations matters, including actions
related to distribution of marital property, custody or
support.
Section 2. Section 542 of Title 42 is amended to read:
§ 542. Powers of Superior Court.
The Superior Court and its divisions shall have all powers
necessary or appropriate in aid of its jurisdiction which are
agreeable to the usages and principles of law.
Section 3. Title 42 is amended by adding a section to read:
§ 728. Appeals from the commerce division of the Superior
Court.
The Supreme Court shall have exclusive jurisdiction of
appeals from orders of the commerce division of the Superior
Court.
Section 4. Section 951 of Title 42 is amended by adding a
subsection to read:
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§ 951. Court Divisions.
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(c.1) Commerce division.--Any court of common pleas may
establish a commerce court division.
* * *
Section 5. This act shall take effect in 60 days.
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