Essay: Appellate Review of Commercial Cases
March 13, 2013
David B. Saxe, an associate justice of the Appellate Division, First Department, writes: I suggested that at the First Department we should ask ourselves whether adopting changes to our treatment of complex commercial cases could legitimately improve the overall value and effectiveness of our court system in the eyes of the business community. The question is not whether we are currently handling our complex commercial cases adequately. It is whether we could implement a system under which they would be handled optimally.
Essay: Improve Education but Do Not Create Specialty Appellate Courts
February 14, 2013
Leonard B. Austin, an associate justice of the Appellate Division, Second Department, writes: I read with interest the article by Justice David Saxe of the First Department. Were it a decision, I would respectfully concur in part and dissent in part. Where we agree is that there is a need to improve the understanding of complex commercial issues which confront us, but the creation of a specialized panel would beget entreaties for appellate panels focusing on medical malpractice, negligence and criminal issues, etc. No, thank you!
Essay: Improving Appellate Review of Commercial Division Litigation
January 23, 2013
David B. Saxe, an associate justice on the Appellate Division, First Department, writes to support the formation of a Commercial Division appellate bench, discussing how interested judges might undergo extra CLE (or CBE, "continuing business education"), how it would help streamline the appeals process, and other categories of appeals that might do well with specialized benches.