From Tar Heels to Cowboys: Pioneering Business Courts

• Citation: Vol. 48 No. 3 Pg. 24
• Year: 2025
• Pages: 24

From Tar Heels to Cowboys: Pioneering Business Courts Vol. 48 No. 3 Pg. 24 Wyoming Bar Journal June, 2025

by Hon. Benjamin Burningham and Benjamin Norman

Featuring hundreds of miles of pioneer trails, prominent _ pioneer landmarks, and significant historic sites, Wyoming is steeped in pioneer legacy. That pioneering spirit is reflected in Wyoming's long record of "firsts"—from well-known milestones like universal suffrage, the first female governor, and the first national park and forest, to more recent innovations in business law, such as being the first state to recognize limited liability companies and decentralized autonomous organizations. Wyoming is also among the first states to create a legal framework for blockchain technologies.

Though Wyoming has often led the way, it was not among the first to launch a business court with jurisdiction to hear both equitable and legal claims. That distinction belongs to others, like North Carolina, which was among the earliest states to do so, establishing its business court in 1995. North Carolinas Business Court is widely regarded as a pioneer and one of the most successful business courts in the country.^[1]

As Wyoming's Chancery Court enters its fourth year of operation, its trajectory and potential can be better understood by looking at the trail blazed by North Carolina three decades ago and considering the parallels between the two courts.

North Carolina Business Court

As beginnings often are, the North Carolina Business Court's start was humble. It opened with no permanent location and just one judge, Ben E Tennille. Judge Tennille served the entire state from his home office and personal vehicle, lugging boxes of files in the trunk of his car as he traveled from county to county to hear and manage cases.

From these modest beginnings came gradual growth. What started as a court with one traveling judge, light caseloads, and fewer than 50 published opinions in its first five years, today is an established institution with six judges in four dedicated locations with 1,448 published opinions, and an additional 466 orders of significance. Three decades old, the North Carolina Business Court has been rightly called an "unqualified success."^[2]

The Secrets to North Carolina's Success

Looking back at North Carolinas pioneering journey, three elements explain its success: people, buy-in, and refinement.

People

The North Carolina Business Court launched with neither permanent space nor staff. Instead, it had only a judge with an extensive background in complex business litigation. However, Judge Tennille quickly displayed his expertise in the first cases to utilize the court, learning to manage and resolve them efficiently.

But the court's success demanded more than experience and legal acumen. It required resilience, determination, and vision. Judge Tennille's dedication to the business court concept and his vision for its future gave him the persistence needed to blaze the business court trail.

Buy-In

North Carolina's Business Court earned buy-in through Judge Tennille's advocacy and the court's publication of opinions. The publication of well-reasoned decisions gained the confidence of the bar, contributed to consistent outcomes, and gave businesses and counsel tools for assessing risk and predicting results.

Refinement

North Carolina's Business Court has been a forum of continuous refinement. The court regularly reviews and amends its rules and has embraced technologies such as a public-facing website, electronic filing, and courtrooms equipped with audiovisual tools.

All three branches of Wyoming's government supported the court's launch. The legislature created the court, the governor signed it into law, and the judiciary implemented it. That support continues, but long-term success requires use...