Authority of Court

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  2. Georgia Code
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  4. State-Wide Business Court
  5. Authority of Court

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  1. Except as provided in subsection (b) of this Code section, pursuant to the process provided for in Code Section 15-5A-4, the Georgia State-wide Business Court shall have authority to:
    1. Exercise concurrent jurisdiction and the powers of a court of equity, to the extent that such powers are exercised:
      1. Notwithstanding the amount in controversy, where equity relief is requested in claims:
        1. Arising under Part 1 of Article 1 of Chapter 9 of Title 9, the "Georgia Arbitration Code";
        2. Arising under Part 2 of Article 1 of Chapter 9 of Title 9, the "Georgia International Commercial Arbitration Code," for which an application may be made to a court of this state;
        3. Arising under Article 27 of Chapter 1 of Title 10, the "Georgia Trade Secrets Act of 1990";
        4. Involving securities, including, but not limited to, disputes arising under Chapter 5 of Title 10, the "Georgia Uniform Securities Act of 2008";
        5. Arising under Title 11, the "Uniform Commercial Code";
        6. Arising under Chapter 2 of Title 14, the "Georgia Business Corporation Code";
        7. Arising under Chapter 8 of Title 14, the "Uniform Partnership Act";
        8. Arising under Chapter 9 of Title 14, the "Georgia Revised Uniform Limited Partnership Act";
        9. Arising under Chapter 9A of Title 14, the "Uniform Limited Partnership Act";
        10. Arising under Chapter 11 of Title 14, the "Georgia Limited Liability Company Act";
        11. That relate to the internal affairs of businesses, including, but not limited to, rights or obligations between or among business participants regarding the liability or indemnity of business participants, officers, directors, managers, trustees, or partners;
        12. Arising under federal law over which courts of this state have concurrent jurisdiction;
        13. Where the complaint includes a professional malpractice claim arising out of a business dispute;
        14. Involving tort claims between or among two or more business entities or individuals as to their business or investment activities relating to contracts, transactions, or relationships between or among such entities or individuals;
        15. For breach of contract, fraud, or misrepresentation between businesses arising out of business transactions or relationships;
        16. Arising from e-commerce agreements; technology licensing agreements, including, but not limited to, software and biotechnology license agreements; or any other agreement involving the licensing of any intellectual property right, including, but not limited to, an agreement relating to patent rights; and
        17. Involving commercial real property; and
      2. Where damages are requested the amount in controversy shall be at least:
        1. One million dollars for claims under subparagraph (A) of this paragraph involving commercial real property; or
        2. Five hundred thousand dollars for claims under subparagraph (A) of this paragraph not involving commercial real property;
    2. Have supplemental jurisdiction over all pending claims that are so related to the claims in cases provided for under paragraph (1) of this subsection that such pending claims form part of the same case or controversy;
    3. Punish contempt by fines not exceeding $1,000.00, by imprisonment not exceeding 20 days, or both; and
    4. Exercise such other powers, not contrary to the Constitution, as are or may be given to such a court by law.
  2. The Georgia State-wide Business Court shall not have authority to exercise jurisdiction over claims arising under federal or state law, as applicable, involving:
    1. Physical injury inflicted upon the body of a person or death;
    2. Mental or emotional injury inflicted upon a person;
    3. Physical contact of an insulting or provoking nature with the body of a person;
    4. A threat of physical violence toward another person;
    5. Matters arising under Title 19;
    6. Residential landlord and tenant disputes;
    7. Foreclosures;
    8. Individual consumer claims involving a retail customer of goods or services who uses or intends to use such goods or services primarily for personal, family, or household purposes; provided, however, that this paragraph shall not be construed to preclude the court from exercising jurisdiction over mass actions or class actions involving such individual consumer claims; or
    9. Collections in matters involving a family owned farm entity as defined in Code Section 48-5-41.1 or an individual farmer.

(Code 1981, §15-5A-3, enacted by Ga. L. 2019, p. 845, § 1-1/HB 239.)


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