Protecting Manufacturers’ Interests on All Fronts
This article appeared in the January/February 2022 issue of MiMfg Magazine. Read the full issue and find past issues online.
To create and maintain a statewide business climate that allows manufacturers to compete globally, the bulk of MMA’s advocacy efforts focus on the state legislature and regulatory agencies. But gains earned in the legislative or regulatory process can be lost in the courts, so it is important to cover all three branches of state government, including Michigan’s “One Court of Justice.”
For more than 35 years the Association, through the MMA Lawyers Committee, closely follows cases involving the misapplication of a law, rule or regulation and will express our interest when the case reaches the Court of Appeals in the form of an amicus curiae (also known as a “friend of the court”) brief. These types of briefs are submitted by a party not directly involved in the case with valid information, expertise or insight that the Court may find useful.
The purpose of the court system is to resolve disputes. Most cases start at the trial court, where a jury makes the determination. If the decision is challenged, it may go to the Court of Appeals, where a three-judge panel makes the determination. The Supreme Court is the Court of Last Resort for matters involving state law and does not involve jurors or witnesses.
See Video Blog about Estate of Corrado v Shelby Nursing Center for case details.
While the cases are not always directly manufacturing-related, they are cases that may have a large effect on manufacturers. As in the current case of Estate of Corrado v Shelby Nursing Center, we are concerned about any case that would set a precedent that may have far reaching effects well beyond the limits of the specific case decision.
If you have a commitment to legal excellence, consider membership on this Industry Member-exclusive committee to take a proactive role in advocating for the interests of manufacturers before state and federal courts.