2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 5a - Business and Chancery Court › Part 1 - General Provisions › Section 103 - Concurrent jurisdiction of the Business and Chancery Court -- Exceptions.

Effective 10/1/2024
78A-5a-103.
Concurrent jurisdiction of the Business and Chancery Court -- Exceptions.
(1) The Business and Chancery Court has jurisdiction, concurrent with the district court, over an action:
(a) seeking monetary damages of at least $300,000 or seeking solely equitable relief; and
(b)
(i) with a claim arising from:
(A) a breach of a contract;
(B) a breach of a fiduciary duty;
(C) a dispute over the internal affairs or governance of a business organization;
(D) the sale, merger, or dissolution of a business organization;
(E) the sale of substantially all of the assets of a business organization;
(F) the receivership or liquidation of a business organization;
(G) a dispute over liability or indemnity between or among owners of the same business organization;
(H) a dispute over liability or indemnity of an officer or owner of a business organization;
(I) a tortious or unlawful act committed against a business organization, including an act of unfair competition, tortious interference, or misrepresentation or fraud;
(J) a dispute between a business organization and an insurer regarding a commercial insurance policy;
(K) a contract or transaction governed by Title 70A, Uniform Commercial Code;
(L) the misappropriation of trade secrets under Title 13, Chapter 24, Uniform Trade Secrets Act;
(M) the misappropriation of intellectual property;
(N) a noncompete agreement, a nonsolicitation agreement, or a nondisclosure or confidentiality agreement, regardless of whether the agreement is oral or written;
(O) a relationship between a franchisor and a franchisee;
(P) the purchase or sale of a security or an allegation of security fraud;
(Q) a dispute over a blockchain, blockchain technology, or a decentralized autonomous organization;
(R) a violation of Title 76, Chapter 10, Part 31, Utah Antitrust Act; or
(S) a contract with a forum selection clause for a chancery, business, or commercial court of this state or any other state;
(ii) with a malpractice claim concerning services that a professional provided to a business organization; or
(iii) that is a shareholder derivative action.
(2) The Business and Chancery Court may exercise supplemental jurisdiction over all claims in an action that the Business and Chancery Court has jurisdiction under Subsection (1), except that the Business and Chancery Court may not exercise jurisdiction over:
(a) any claim arising from:
(i) a consumer contract;
(ii) a personal injury, including any personal injury relating to or arising out of health care rendered or which should have been rendered by the health care provider;
(iii) a wrongful termination of employment or a prohibited or discriminatory employment practice;
(iv) a violation of Title 13, Chapter 7, Civil Rights;
(v)Title 30, Husband and Wife;
(vi)Title 63G, Chapter 4, Administrative Procedures Act;
(vii)Title 78B, Chapter 6, Part 1, Utah Adoption Act;
(viii)Title 78B, Chapter 6, Part 5, Eminent Domain;
(ix)Title 78B, Chapter 6, Part 8, Forcible Entry and Detainer;
(x)Title 78B, Chapter 7, Protective Orders and Stalking Injunctions;
(xi)Title 78B, Chapter 12, Utah Child Support Act;
(xii)Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act;
(xiii)Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act;
(xiv)Title 78B, Chapter 15, Utah Uniform Parentage Act;
(xv)Title 78B, Chapter 16, Utah Uniform Child Abduction Prevention Act; or
(xvi)Title 78B, Chapter 20, Uniform Deployed Parents Custody, Parent-time, and Visitation Act; or
(b) any criminal matter, unless the criminal matter is an act or omission of contempt that occurs in an action before the Business and Chancery Court.
Enacted by Chapter 394, 2023 General Session