The Oklahoma Bar Journal April 2026

B usiness & C orporate L aw

Business Courts: A New Era for Oklahoma Commercial Litigation? By Gary W. Derrick, Cecilee G. Van Horn and Jacob L. Fanning

I N THE SEARCH FOR ECONOMIC DEVELOPMENT, many states have turned to spe cialized business courts. These courts are thought to deliver judgments more quickly and predictably than courts of general jurisdiction. That should result in lower costs and reduced transaction risks for business owners and managers, thus creating a more favor able commercial environment. With the Oklahoma Legislature’s passage and the governor’s signing of Senate Bill 632 (SB 632) 1 in 2025, Oklahoma sought to add business courts to its list of economic development tools. SB 632 would create specialized business courts as divisions of the Oklahoma and Tulsa County district courts and task those courts with hearing specific types of actions involving business issues. 2 This article will: 1) generally define the term “business courts” and describe three different variants of business courts currently operating in the United States, 2) discuss the history of business courts in the United States and the state of Oklahoma, 3) provide an overview of SB 632 and 4) address the Oklahoma Supreme Court’s ruling that SB 632 is unconstitutional. The Task Force for the Study of Business Courts has recommended that the Legislature amend SB 632 to meet the constitutional requirements, and the matter is currently under consideration.

with objective jurisdictional parameters, 2) courts with subjec tive jurisdictional parameters and 3) courts with blended jurisdic tional parameters. 4 The first cate gory of business courts establishes a clear framework for the types of cases that may be brought within its jurisdiction. 5 The respective enabling legislation or administra tive directives creating these courts often set forth an enumerated list of

qualifying claims and actions that such courts have the authority to hear. 6 Unlike the first type of busi ness courts, the second type does not establish a clear framework but rather focuses on the nature of the case itself, with the respective enabling legislation or administra tive directives setting forth various subjective factors to be considered for the case to be brought within such business courts’ respective

WHAT ARE ‘BUSINESS COURTS’? While neither a legal term of art nor a universally defined label, the term “business court” generally refers to a state court (or a subset thereof) whose jurisdiction focuses on business and commercial civil litigation cases. 3 Unsurprisingly, the lack of a universal definition has resulted in the implementation of three different types of business courts in the United States: 1) courts

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL