Presiding Specialized Business Docket Judges
Honorable Kathryn A. Viviano
Honorable Richard L. Caretti
Effective November 1, 2011, then Chief Judge Mark Switalski of Macomb County Circuit Court implemented the first Specialized Business Docket in the State of Michigan pursuant to Local Administrative Order 2011-05. Judge John C. Foster presided over the first Business Court docket.
Following the enactment of MCL 600.8031, et seq., the Court has amended the LAO. Please see the new information below.
Notice of Business Court ImplementationA Business Court docket has been in place in the 16th Judicial Circuit Court since October 14, 2011 pursuant to LAO 2011-5. Following the enactment of MCL 600.8031, et seq., the Court has amended this LAO regarding the Business Court docket to be consistent with the statutory guidelines. LAO 2013-2 was effective August 13, 2013. Please see LAO 2013-2 to review pertinent information and procedures regarding docket management, technology, and alternative dispute resolution.
The Supreme Court appointed Chief Judge John Foster to preside over the Business Court. All Business Court cases must be eFiled.
Beginning September 1, 2013 and thereafter, a party shall verify in writing on the face of the party’s initial pleading that the case meets the statutory requirements to be assigned to the Business Court. See also MCR 2.112(O).
A case must be assigned to the Business Court if:
- The amount in controversy is greater than $25,000.00 AND
- All or part of the action includes a business or commercial dispute.
The case is a qualifying business or commercial dispute as defined at MCL 600.8031(c) if:
- All of the parties are business enterprises;
- One 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 relationship;
- One of the parties is a nonprofit organization and the claims arise out of that party’s organizational structure, governance, or finances; OR
- It involves the sale, merger, purchase, combination, dissolution, liquidation, structure, governance, or finances of a business enterprise.
Please see MCL 600.8031(2) for the types of actions that business or commercial disputes include, and MCL 600.8031(3) for the types of actions that business or commercial disputes exclude.
- Business-Contractual Protocols
- Business Organization Dispute Protocols
- Employment Initial Discovery Protocols
- Noncompete Protocols
- Judge Caretti named second business court judge 8/6/15
- Judge Viviano named second business docket judge 2/9/15
- Macomb Business Court Gains National Recognition-Macomb Daily 6/17/13
- Macomb Special Business Docket Progress Update 08/01/2012
- Macomb County Press Release 11/03/2011
- Michigan Lawyers Weekly Article (Subscribers only): 10/03/2011