Effective October 11, 2017, two amendments to Michigan’s Business Court Statute clarified the definitions and jurisdictional requirements under that statute for claims to be filed in the Business Court. The Legislature modified both MCL 600.8031 and 600.8035, which had the effect of adjusting Business Court jurisdiction through both expansion of power to hear certain claims (such as claims for...
As the use of Business Court expands, the issue of their jurisdiction continues to play out between those courts and practitioners. In a previous blog update, we discussed how Business Courts were taking supplemental jurisdiction over claims that were not, standing alone, Business Court claims. We are now seeing business courts doing the same with claims and parties that are not, standing...
As more practitioners file cases in the Business Courts, it is predictable that they will have to grapple with jurisdictional issues involving multiple claims. One issue that litigators should be aware of is that business courts have ‘supplemental’ jurisdiction over claims that are not themselves business court claims, but that are related to business court claims.
Under MCL...
As we have discussed in our previous posts, on June 3, 2013, the Business Court Act became effective. That Act requires Michigan circuit courts with 3 or more judges to create a separate “business court” to handle commercial cases, with certain judges from these courts being assigned to preside over these cases.
One of the Legislature’s goals in creating the business court is to “nhance the...
In a prior article, we discussed the implementation of the new Oakland County business court under the business court act – MCL 600.8031, et seq. (the “Act). We also discussed the types of cases that are, and are not, “business or commercial disputes” that must be filed in the business court. Since our last article, we have filed several new cases in the business court, one of which bears...
