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 refer specifically to MCL 600.8031(2) for a complete definition of the types of actions that business or commercial disputes includes and MCL 600.8031(3) for exclusions. For additional information go to the Business Court page of the SCAO website at the following link:
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.
A "NOTICE OF ASSIGNMENT TO BUSINESS COURT" form must be filed along with the summons and complaint.