The Chancery Division is a court within the New Jersey Judicial system which has the power to entertain limited forms of civil litigation. Most forms of civil litigation are generally heard in the Law Division. Minority Oppression litigation may be filed in the Chancery Division. I believe that minority oppression litigation should be filed there because the case will ordinarily be heard by one Judge who will manage the litigation from its initial filing till the end of the litigation. Moreover, I believe the Chancery Division is a preferential place for adjudication of minority oppression litigation because the Chancery dockets are generally much lighter than the Law Division which should result in a quicker trial. Finally, the Chancery Division is a Court of equity. Often if minority litigation cannot be settled prior to trial, the Court will need to fashion an equitable remedy which addresses the specific facts of the case. For these reasons, I either file my clients’ minority oppression litigation in Chancery Division or seek to remove actions filed against my clients if they are not initially filed in the Chancery by my adversaries.
Scott Unger is a Shareholder in Stark & Stark’s Lawrenceville, New Jersey office concentrating in Shareholder & Partner Dispute Litigation. For questions, or additional information, please contact Mr. Unger.