By Cynthia Price
Legal News
On Sept. 5 from 5:30 -8:30 p.m. the Michigan Irish American Chamber of Commerce will host a panel discussion for lawyers and business owners on the new Michigan Business Court system at the University of Detroit Law School Atrium, 651 East Jefferson Ave. in Detroit.
The participants in the panel discussion will be Business Court Judges appointed by the Michigan Supreme Court in their respective counties. The Panel will include Circuit Court Judge John Foster from Macomb County, Judge Archie Brown from Washtenaw Country, Judge Michael LeBeau from Monroe County and Judges Daniel Ryan, Jeanne Stempien and Brian Sullivan from Wayne County. Judge Daniel Ryan will moderate the event.
“Business courts are intended to provide a case management structure that facilitates more timely, effective, and predictable resolution of complex business cases,” says Judge Ryan. “Specialized dockets improve the efficiency of the courts, which benefits all litigants.”
Effective Oct. 17, 2012, Public Act 333 requires circuit courts with three or more judges to create a specialized business court docket. Any case that has a business or commercial dispute as defined in the act, whether in the initial pleading or added later, must be placed on the business docket, even if the case also contains non-business claims. Courts with less than three circuit judges may, but are not required to, have a business court.
“This special panel discussion is open to the public but we only have a capacity of 100 seats so all RSVP's must be made by Tuesday, Sept. 3,” says David O’Conner, Founder and President of the Michigan Irish American Chamber of Commerce. “This presentation
is important for both business and attorneys to attend to understand the new business courts and how they work.
“The Irish chamber board is committed to providing top tier panel presentations like the business court discussion for all professionals that are timely and relevant to meet the needs of all our members and the community at large. We have a number of other exciting programs lined up in the short term as our catalyst to meet long-term objectives as being an organization that attracts and retains members who share a conviction of driving sales for their organization and enjoy the Irish culture. We are excited to be partnering with Meghan Riordan and the Irish Lawyers. This was a great collaboration for both organizations.”
This is a free event co-sponsored by the Incorporated Society of Irish American Lawyers and the University of Detroit Mercy and will include a panel of Business Court Judges from the Tri-County area. Light refreshments will be served and the cut off for reservations is Sept. 3. To RSVP, email Dave O'Connor at dave.c.oconnor@gmail.com.
BUSINESS COURT SYSTEM FACTS:
(a) “Business court” means a special docket as described and organized under section 8033 and administered as provided in this section-to-section 8047.
Types of business:
(b) “Business enterprise” means a sole proprietorship, partnership, limited partnership, joint venture, limited liability company, limited liability partnership, for-profit or not-for-profit corporation or professional corporation, business trust, real estate investment trust, or any other entity in which a business may lawfully be conducted in the jurisdiction in which the business is being conducted. Business enterprise does not include an ecclesiastical or religious organization.
Types of disputes:
(c) “Business or commercial dispute” means any of the following:
(i) An action in which all of the parties are business enterprises.
(ii) An action in which 1 or more of the parties is a business enterprise and the other parties are its or their present or former owners, managers, shareholders, members, directors, officers, agents, employees, suppliers, or competitors, and the claims arise out of those relationships.
(iii) 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.
(iv) An action involving the sale, merger, purchase, combination, dissolution, liquidation, organizational structure, governance, or finances of a business enterprise.
(2) Business or commercial disputes include, but are not limited to, the following types of actions:
(a) Those involving information technology, software, or website development, maintenance, or hosting.
(b) Those involving the internal organization of business entities and the rights or obligations of shareholders, partners, members, owners, officers, directors, or managers.
(c) Those arising out of contractual agreements or other business dealings, including licensing, trade secret, intellectual property, antitrust, securities, non-compete, non-solicitation, and confidentiality agreements if all available administrative remedies are completely exhausted, including, but not limited to, alternative dispute resolution processes prescribed in the agreements.
(d) Those arising out of commercial transactions, including commercial bank transactions.
(e) Those arising out of business or commercial insurance policies.
(f) Those involving commercial real property.
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