Judge Brian K. Kirkham has been appointed by the Michigan Supreme Court as the Business Court Judge, effective January 1, 2015.
If applicable, the party filing a civil case complaint must give written notice with the initial pleading that the case qualifies for the Business Court. The case will then be assigned directly to Judge Kirkham.
A case must be assigned to the Business Court if the amount in controversy is greater than $25,000, AND all or part of the action includes a business or commercial dispute. A business or commercial dispute is any of the following:
- An action in which all of the parties are business enterprises.
- An action in which 1 or more of the parties are business enterprises and the other parties are its or their present or former: Owners, managers, shareholders, members, directors, officers, agents, employees, suppliers, competitors. The claim must arise our of any of the above relationships.
- An action in which 1 of the parties is a nonprofit organization and the claims arise out of that party,s organizational structure, governance or finances.
- An action involving the sale, merger, purchase, combination, dissolution, liquidation, organizational structure, governance or finances of a business enterprise.
Please assure that civil case filings meeting the definition of a Business Court case as provided in the law are identified as required by MCR 2.112 so that appropriate case assignment can be facilitated by the Court Clerk.