Jeff. Cnty. Busi. Ct. Doc. R. Prac. BCR 2.1

As amended through October 28, 2024

Rule BCR 2.1 - Eligible Disputes

Any Civil Case with proper venue in Jefferson Circuit Court shall be assigned to the Business Court Docket if the Gravamen of the dispute relates to any of the following:

a. Breach of contract claims involving a Business Entity, other than (1) contract disputes involving claims by a Consumer against a Business Entity which are not asserted as part of a Complex Consumer Class Action; and (2) contract disputes involving claims by a Business Entity to collect an account from a Consumer;

b. Business tort claims against a Business Entity, Affiliated Person or employee or agent including but not limited to, interference with contract or prospective business relationships, fraud, misrepresentation, false advertising, antitrust, unfair competition, unfair trade practices, trade libel or disparagement;

c. Business Class Actions not brought by Consumers, with the exception that Complex Consumer Class Actions are eligible;

d. The formation, governance, internal affairs, operations, control, dissolution or liquidation of a Business Entity;

e. The rights, obligations, liability or indemnity by, between or among one or more Affiliated Persons of a Business Entity;

f. Claims of breach of fiduciary duty or statutory violations relating to a Business Entity or an Affiliated Person arising out of business transactions or relationships;

g. The valuation, offering, solicitation, sale, purchase, transfer, hypothecation or possession of a Business Interest;

h. The provisions of KRS Chapters 14A, 271B, 272, 272A, 273, 273A, 274, 275, 279, 292, 362, 362.1, 362.2, 365 and those pertaining to any statutory or business trusts under KRS Chapters 386 or 386A;¹

i. Intellectual property, trade secret (including under the Uniform Trade Secret Act), nondisclosure, confidentiality, non-competition and non-solicitation disputes;

j. Transactions governed by the Uniform Commercial Code, except Consumer transactions;

k. Franchise, distribution, agency or dealer disputes;

l. The purchase or sale of all or part of a Business Entity, whether by merger, acquisition of assets or ownership interests therein, or otherwise;

m. Insurance, indemnity, surety and guaranty contracts and bonds, insuring Business Entities and their Affiliated Persons and employees against liability, loss and damage, including coverage disputes, but not including suits in which the Gravamen of the suit is a Personal Injury Dispute, a claim for wrongful death, or property damage for non-business property owned or possessed by a natural person;

n. Commercial real estate, except where the Gravamen is a Personal Injury Dispute, wrongful death or property damage for non-business property owned or possessed by a natural person;

o. Environmental disputes arising from a breach of a contractual or legal obligation or indemnity between Business Entities;

p. The provision of professional services to a Business Entity or the provision of professional services regarding the valuation, offering, solicitation, sale, purchase, transfer or possession of a Business Interest; or

q. Claims involving a Business Entity or Business Interest not included above, or excluded under BCR 2.2 below, that otherwise should be considered eligible for assignment to the Business Court, in the discretion of the Business Court.

¹ Acts included are the Business Entity Filing Act (KRS ch. 14A), Kentucky Business Corporation Act (KRS ch. 271B), Cooperative Corporations and Associations Act (KRS ch. 272), Uniform Limited Cooperative Associations Act (KRS ch. 272A), Nonprofit Corporations Acts (KRS ch. 273), Unincorporated Nonprofit Associations Act (KRS ch. 273A), Professional Service Corporations Act (KRS ch. 274), Limited Liability Company Act (KRS ch. 275) , Rural Cooperative Corporations Act (KRS ch. 279), Blue Sky Law (KRS ch. 292), Uniform Partnership and Uniform Limited Partnership Acts (KRS ch. 362), Revised Uniform Partnership Act (KRS ch. 362.1), Revised Uniform Limited Partnership Act (KRS ch. 362.2), Assumed Names and Trademarks Act (KRS ch. 365), and acts regarding Business Trusts and Statutory Trusts (KRS chs. 386 and 386A).

Jeff. Cnty. Busi. Ct. Doc. R. Prac. BCR 2.1

Adopted by order 2019-13, eff. 1/1/2020.