Since Hamilton County re-established its Commercial Docket in April 2024, Durst Kerridge has remained at the forefront of practice before it—we even litigated and won the first contested motion for transfer to the Commercial Docket. We covered the docket’s creation and governing rules here and answered early procedural questions here.
Two years in, we believe the Commercial Docket has been a resounding success for Cincinnati business litigation. Commercial cases are moving faster, rulings are more predictable, and the designated Judges have developed the intended subject-matter fluency. Having now litigated Commercial Docket cases from start to finish, including preliminary injunction hearings before both Commercial Docket Judges, we are intricately familiar with their preferences and chambers practices.
Because Durst Kerridge regularly handles Ohio commercial litigation in Hamilton County—frequently as Ohio local counsel for out-of-state law firms—we closely track developments related to the Commercial Docket. Here is the latest.
A Third Commercial Docket Judge: Judge Robert A. Goering
Judge Robert A. Goering has been added as the third Commercial Docket Judge, joining Judge Christian A. Jenkins and Judge Jennifer L. Branch, who have overseen the docket since its inception.
Before taking the bench in February 2021, Judge Goering spent decades as a partner at the Cincinnati firm of Goering & Goering, where his practice centered on debt and bankruptcy matters—work that lives at the intersection of contracts, secured transactions, creditors’ rights, and other themes that frequently present in commercial litigation. He has also taught the bankruptcy course at NKU Chase College of Law since 2005. The commercial subject matter that dominates the Commercial Docket will therefore be familiar terrain.
The addition is also welcome news as a practical matter. Judges Jenkins and Branch have carried heavy Commercial Docket caseloads on top of their remaining civil and criminal dockets. A third Commercial Docket Judge should ease that burden.
Judicial Mediation on the Commercial Docket
One underappreciated feature of the Commercial Docket: upon request, Judges Branch and Jenkins will sometimes mediate each other’s cases. And if all parties agree, a Commercial Docket Judge will sometimes mediate a case on the Judge’s own docket. Durst Kerridge recently participated in one such mediation before Judge Jenkins, and the mediation was successful.
A Revamped Mediation Program Following the Butler County Model
The Court is also revamping the Commercial Docket’s mediation offerings more broadly, adding a private mediator program modeled on the approach used in the Butler County Court of Common Pleas.
Under Butler County’s Local Rule 5.22, cases ordered to mediation are assigned to an attorney mediator drawn from a rotating list of practitioners who meet bar-association qualifications and have been approved by the General Division Judges. The mediator is paid a flat fee by the court. As we understand it, Hamilton County’s version will pay an approved attorney mediator a flat fee for one half-day of mediation, and if additional mediation time would be productive, the parties are free to privately retain that mediator for further sessions at their own expense.
Practice Pointer: Getting Your Case Onto the Commercial Docket
For reasons unknown, some plainly eligible commercial cases are simply not being assigned to the Commercial Docket at the time of filing. If your commercial case lands on a non-Commercial-Docket Judge’s docket, file a motion to transfer to the Commercial Docket immediately.
Complying with the following two requirements helps ensure correct assignment.
First, it is imperative that attorneys use the current version of the Clerk’s Civil Classification Form, which now asks whether the case should be assigned to the Commercial Docket. Some attorneys are apparently still using the pre-2024 version of the form, which has no Commercial Docket option.
Second, comply with Sup.R. 49.07(A) of the Rules of Superintendence for the Courts of Ohio, which are incorporated by Local Rule 48. Sup.R. 49.07(A) requires the filing attorney to include with the initial pleading a notification that the case is a commercial docket case—we do this by including a notation in the caption of the complaint. If the plaintiff fails to do so, Sup.R. 49.07(B) requires defense counsel to file a motion for transfer along with the defendant’s first responsive pleading.
Will the 2026 Election Reshape the Commercial Docket?
As of this writing, all three Commercial Docket Judges—Judges Jenkins, Branch, and Goering—are up for re-election in 2026.
All three appear likely to retain their seats, though the current election cycle may not be entirely predictable. Ohio Common Pleas judicial candidates appear on the November ballot without party affiliation.
Whatever the results, we understand that the Commercial Docket itself is expected to continue. We will be watching and will report on any developments.
Why This Matters for Out-of-State Counsel and Their Clients
For attorneys outside Ohio whose clients are sued in Cincinnati, correctly navigating the Commercial Docket is essential. This is particularly true in complex cases and cases involving requests for preliminary injunctive relief (which may not have been correctly assigned). Durst Kerridge is well equipped to handle these challenges. We strive to be the absolute best Ohio commercial litigation attorneys, whether as lead counsel or Ohio local counsel.
If you need representation in an Ohio commercial dispute, contact Alex J. Durst on his direct line (513-621-2500), personal cellphone (513-293-3706) or by email (alex@durst.law). Urgent matters and inquiries outside regular business hours are welcomed.
