James Fausone, Esq.
As many business owners know, the
slow crawl of business litigation can be a drain on time and resources. However, starting September 1st, every
Michigan Circuit Court with 3 or more judges is required to have a dedicated
business court in place. These new
business courts are aimed at resolving business disputes efficiently and
expediently.
The business court statute, MCL
600.8031, et seq, requires these
circuit courts to create a docket specifically for business or commercial
disputes. Judges with expertise,
background, or specialized training in business law will preside over these
cases. Any case containing a business or
commercial dispute must be funneled into the dedicated business docket. It is also anticipated that these
specially-trained business law judges will have greater involvement in the
cases early on in order to expedite the settlement of these cases.
The law is drafted broadly – all
cases involving a business dispute, even if there are additional non-business
claims, must be heard by the business court.
This rule is mandatory – parties cannot stipulate to have their case
heard out of the business court.
Additionally, written opinions of
these business law judges will be indexed online and available for
viewing. This is helpful for practitioners
looking for insight into how a particular judge may rule on an issue, as well
as for other business court judges seeking guidance. These opinions will not be binding precedent,
but are expected to provide a measure of clarity and predictability to the
business court.
Litigators won’t be the only
attorneys affected by the new business courts – it may change the way
transactional attorneys practice as well.
For instance, many attorneys automatically include mandatory arbitration
clauses in their contracts in the event that a dispute arises. However, these practitioners may now want to
consider allowing these disputes to be heard in the business court rather than
through binding arbitration. The
business court preserves the parties’ right to appeal, will have trained
business law judges, faster processing times, and the availability of jury
trials – all of which may be appealing to business owners.
If you have questions about Michigan’s
new business courts, or if you are currently involved in a business dispute,
contact the litigation department at Fausone Bohn, LLP, by calling (248)
380-0000 or online at www.fb-firm.com. Our experienced legal professionals are
available to give you the guidance your company needs.
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