Last week, the state’s Superior Court system — which handles civil and criminal cases along with business lawsuits — established a division designed specifically to give corporate litigants a more focused, predictable forum.

The stakes of upholding — and when possible, improving — the nation’s perceptions of Delaware courts are huge. Yet there is some evidence that big corporate lawsuits are already going elsewhere, and that Delaware’s dominant status is slowly slipping away — possibly for good.

Without that reputation, the state is at risk of losing the big firms that incorporate here and help fuel the economy with millions in tax revenue, observers say. Others doubt Delaware is in any real peril, and have faith that the high standards of its judges and the depth of its case law will continue to outclass any other jurisdiction.

But that doesn’t mean the people who operate Delaware’s system never question the status quo.

Over the years, Delaware has repeatedly tweaked its system to keep pace with the needs of litigants — with more success in some cases than in others.

There’s a recognition here that when they’re able, big companies will “shop” for jurisdictions that offer advantages — litigants want a court that is knowledgeable, reliable, and efficient enough to avoid long, expensive proceedings.

via Delaware courts evolve to meet litigants’ needs | delawareonline.com | The News Journal.

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