Business Litigation

Is there a court that is specifically structured to handle my business dispute?
Yes. There is a Business and Commercial Dispute Docket (BCDD) established in the Merrimack County Superior Court. To participate in the BCDD, at least one party has to be a “business entity” and no party can be a “consumer,” as those terms are defined by law.

A claim can be heard in the BCDD if the procedural requirements are satisfied and if:

  • all parties have consented to the jurisdiction of the BCDD;
  • at least one party to the action is a business entity;
  • no party to the action is a consumer;
  • if the action involves a claim for money damages, the amount in controversy exceeds $50,000.00; and
  • the principal claim or claims arise from or involve the following:
    • Claims arising from breach of contract or fiduciary duties, fraud, misrepresentation, business tort, or statutory violations arising out of business dealings or transactions.
    • Claims arising from transactions under the Uniform Commercial Code.
    • Claims arising from the purchase, sale and lease of commercial real or personal property or security interests therein.
    • Claims related to surety bonds.
    • Franchisee/franchisor relationships and liabilities.
    • Malpractice claims of non-medical professionals in connection with rendering services to a business enterprise.
    • Real estate title petitions.
    • Shareholder derivative actions.
    • Commercial class actions.
    • Commercial bank transactions.
    • Actions relating to the internal affairs or governance; dissolution or liquidation rights or obligations between and among owners, including shareholders, partners, or members; or liability or indemnity of managers, including officers, directors, managers, trustees, or members or partners functioning as managers, of corporations, partnerships, limited partnerships, limited liability companies or partnerships, professional associations, business trusts, joint ventures, or other business enterprises.
    • Business insolvencies and receiverships.
    • Other complex disputes of a business or commercial nature.