Assignment of Cases
See 6/5/2025 notice regarding the retirement of Honorable Judge Christine A. Ward and case reassignment.
The Civil Division Administrative Judge has designated that all motions to assign a case to the Center will be presented to the Honorable Mary C. McGinley. See Judge McGinley’s Standard Operating Procedures https://www.alleghenycourts.us/civil/judicial-chambers-operating-procedures/
No case will be assigned to the Center without an order of court. An order of court assigning a case to the Center may be entered pursuant to a motion of a party titled Motion to Assign Case to the Commerce and Complex Litigation Center or by the court without a request from any party.
Any case assigned to the Center may, at the discretion of the judge to whom the case is assigned, be transferred out of the Center at any time if the judge concludes that the case should never have been assigned to the Center, that the case is no longer complex, or that, for any other reason, the case is no longer suitable for the Center. A case may also be referred out of the Center for trial if the resources of the Center preclude the case from being tried by a judge assigned to the Center.
Responsibility of the Trial Judge
The judge to whom the case is assigned shall actively manage the case by utilizing those case management tools that will, for the particular case, provide an efficient, cost effective, timely, and fair resolution of the case. The judge to whom the case is assigned is responsible for all motions involving the case, including discovery. However, matters relating to jury trials may be handled by the Calendar Control Judge/Calendar Control Office of the Civil Division at the discretion of the Calendar Control Judge and the assigned judge.
NOTE: The scheduling procedures and motions practice for cases assigned to the Commerce and Complex Litigation Center may be addressed in an initial order of court or in email correspondence with the assigned judge’s staff.
Timing
Motions to assign a case to the Center may be presented by any defendant after a complaint has been filed and by any plaintiff as soon as one defendant is served. Notice of presentation shall be furnished to all parties, including parties who have not been served. The judges to the Center generally wish to become involved in litigation that should be assigned to the Center prior to disposition of significant legal issues.
NOTE: When a case is on the Trial List, unless all parties consent to the assignment of the case to the Center, the judges assigned to the Center will not, without the agreement of the Calendar Control Judge, consider a motion to assign the case to the Center.
Types of cases that may be assigned to the Center
The types of cases that may be assigned to the Center fall into two major categories: Commerce or Complex Litigation, each of which is addressed below.
NOTE: The court may decide not to assign a case to the Center if a motion to assign to the Center is untimely, if the case does not pose significant legal issues and/or the facts are uncomplicated, or if the amount in controversy, taking into account the importance of the litigation to the litigants, does not justify the use of the Center’s limited resources.
A. Commerce Cases
The following may be assigned to the Center under this category:
(1) Cases involving the internal affairs, governance, dissolution, liquidation, rights or obligations between or among owners and liability or indemnity of managers of business corporations, partnerships, limited partnerships, limited liability partnerships, professional associations, business trusts, joint ventures or other business enterprises, including any actions involving the interpretation of the rights or obligations under the organic law, articles of incorporation, bylaws or agreements governing these enterprises.
(2) Disputes between or among two or more business enterprises relating to a transaction, business relationship or contract.
B. Complex Litigation
This category refers to litigation that, if not declared complex, will in all likelihood require the involvement of more than one judge and the expenditure of a substantial amount of judicial resources and will benefit significantly from case management.
Factors that will be considered in making the determination of whether the case will be assigned to the Center include: (1) the number of separately represented parties with differing interests; (2) the number of anticipated motions; (3) the degree of novelty and complexity of the factual and legal issues; (4) the amount of the controversy; and (5) the time it may take for the case to be tried. Consideration will also be given as to how the limited resources of the Center may be best utilized.
The following are examples of complex litigation that may be assigned to the Center: (1) mass tort or toxic tort litigation (other than asbestos); (2) personal injury cases that involve large numbers of separately represented parties with different interests, issues of unique concern or that will benefit significantly from extensive case management; (3) environmental private actions; and (4) consumer litigation where numerous lawsuits are based on similar conduct.
Cases that will not be assigned to the Center
The following actions will not be assigned to the Center in the absence of compelling circumstances:
- landlord-tenant disputes involving possession of property;
- mortgage foreclosures (except matters involving the appointment of a receiver);
- eminent domain;
- proceedings to enforce a judgment regardless of the nature of the underlying case; and
- applications to open a default judgment.
NOTE: If a default judgment is opened, the case may be assigned to the Center if it meets the criteria for assignment.