The Commerce Program continues to provide guidance in Pennsylvania commercial law. Since its inception, Commerce Program Judges have issued approximately 725 substantive opinions, encompassing a wide array of business and commercial law. The Program continues to experience a very low reversal rate. The Commerce Case Management Opinion Project of the Bar Association Business Law Section’s Business Litigation Committee has created, and continues to create, “chapters” on distinct areas of the law addressed in the Commerce Court body of opinions. These chapters can be found on the court’s website; and on the Bar Association Business Litigation Committee website. All Commerce Program opinions, rules and procedures, forms, and guidelines are published on the court’s website for ease of reference. The opinions are indexed and searchable by topic. To provide guidance to the Bar concerning the types of cases that fall outside the criteria for the Commerce Program, the court’s website also features a synopsis of cases transferred out of the program. During calendar year 2009, Commerce Program judges disposed of 806 records. As of December 31, 2009, there were 690 Commerce Program records pending in the Trial Division Civil.
Complex Litigation Center When it opened in 1992, the Complex Litigation Center (CLC) was the first facility in the United States designed exclusively for complex, multi-filed Mass Tort cases. The Mass Tort, Asbestos, Major Non-Jury, Equity, Class Action, Arbitration Appeals, Lead Contamination, and Penn-Dot Appeals Programs are managed within the Complex Litigation Center. The National Center for State Courts has noted, “the creation and operation of the Complex Litigation Center is clearly one of the court’s major achievements and a substantial service to the citizens of Philadelphia, the Bar and the nation, given the scope of mass tort litigation and class actions.” During calendar year 2009, the total Complex Litigation Center inventory increased from 5,879 cases to 6,837 cases by year’s end. The Mass Tort Program had the biggest inventory increase, rising from 2,411 records pending to 3,688 records pending. As reported last year, the Mass Tort Section of the Complex Litigation Center continues to be the focal point of major drug company litigation. Twenty-five Mass Tort Programs have been successfully completed since the program’s inception. The Hormone Replacement Therapy Program is the Complex Litigation Center’s largest Mass Tort Program, making up 35.6% of the mass tort case inventory. There were 1,527 Hormone Replacement Therapy cases in the inventory at the end of 2009. The Hormone Replacement Therapy Program is on track and many cases are scheduled for trial during 2010. Six new Mass Tort Programs have recently been created: Denture Adhesive Cream; Digitek; Gadolinium-Based Contrast; Nursing Home Litigation; Yaz/Yasmin/Ocella; and Risperdal. A new Case Management Order is now issued in major non-jury cases through an efficient automated process. These cases are placed in trial pools 11 months from the date of filing. The new process provides flexibility in the use of judicial resources.
First Judicial District 2009 Annual Report ● Page 58