Pursuant to Promulgation Order No. S. Ct. Prom. No. 2018-0002, issued on September 28, 2018, the Virgin Islands Supreme Court approved the Virgin Islands Superior Court Presiding Judge’s initiative for the establishment of a Complex Litigation Division of the Superior Court, with one Superior Court judge assigned to that Division as well as assigned staff support. In order to incorporate specific procedures for Complex Litigation cases, several of the Virgin Islands Rules of Civil Procedure (V.I.R.Civ.P.) were amended, and Rules 92-96 were added to the Virgin Islands Rules of Civil Procedure.
Complex cases are defined as cases that require exceptional judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep the costs reasonable, and promote effective decision making by the court, the parties, and counsel.” V.I.R.CIV.P. 92(a). Pursuant to V.I.R.CIV.P. 92(b), the following types of cases are presumed complex:
1.
environmental tort claims, mass tort claims, or toxic tort claims commenced by multiple parties (whether as one action or multiple, individual actions);
2.
the same or similar construction, design, or manufacturing defect claims stated in multiple actions or involving multiple parties, structures, or products;
3.
contract, statutory, or tort claims commenced by multiple parties (whether as one action or multiple, individual actions) arising out of a natural disaster or other territory-wide or island-wide event;
4.
securities claims or investment losses involving multiple parties;
5.
class actions; and
6.
insurance coverage claims (including indemnification and contribution claims) arising out of multi-party proceedings in any of the above categories of cases