In the chief case challenging tariffs issued under the International Emergency Economic Powers Act of 1977 (IEEPA), part of President Donald Trump’s tariff policies had its day in the Supreme Court Wednesday.
The case, filed...more
11/6/2025
/ Appeals ,
Article II ,
Constitutional Challenges ,
Executive Authority ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Judicial Authority ,
SCOTUS ,
Separation of Powers ,
Statutory Interpretation ,
Tariffs ,
US Trade Policies
As previously reported, Michigan and federal courts are split on the enforceability of some supply chain contracts in the wake of the Michigan Supreme Court’s landmark 2023 decision in AirBoss, where Warner represented the...more
10/30/2025
/ Appeals ,
Appellate Courts ,
Automotive Industry ,
Business Litigation ,
Commercial Litigation ,
Contract Disputes ,
Contract Interpretation ,
Contract Terms ,
Enforceability ,
Federal v State Law Application ,
Jurisdiction ,
MI Supreme Court ,
Suppliers ,
Supply Chain ,
Unenforceable Contract Terms
In today’s rapidly evolving global landscape, supply chain leaders face mounting challenges — from shifting regulatory frameworks to rising cybersecurity threats and increasing geopolitical uncertainty. This half-day seminar...more
Earlier this week, the Michigan Court of Appeals issued its opinion in FCA US, LLC v. Kamax Inc., et al., the latest in a string of court decisions interpreting the enforceability of supply chain contracts in the wake of the...more
5/16/2025
/ Appeals ,
Appellate Courts ,
Breach of Contract ,
Contract Disputes ,
Contract Interpretation ,
Jurisdiction ,
MI Supreme Court ,
Split of Authority ,
State Courts ,
Supply Chain ,
Unenforceable Contract Terms
In a court opinion that borrowed at length from the infamous “My father made him an offer he couldn’t refuse” scene from The Godfather, Warner’s client AirBoss Flexible Products prevailed in a high-profile supply chain...more
Over the past two years, federal and state courts have issued a series of decisions with important implications for supply chain contracts. Most notably, the appellate courts in the AirBoss and Higuchi cases provided guidance...more
We previously previewed the issues presented in Higuchi Int’l Corp. v. Autoliv ASP, Inc., an appeal with potentially far-reaching implications for suppliers, in our March 22 and May 21 blog posts. Yesterday, the U.S. Court of...more
The Michigan Supreme Court’s July 2023 decision in MSSC, Inc v AirBoss Flexible Prods Co renewed many suppliers’ ammunitions in customer negotiations. One OEM, however, has been publicly pushing back against those arguments,...more
Increasingly, buyers are turning to a new tactic to stem the tide of rising costs: Upstream buyers are demanding longer payment terms. The demands often come from the top (i.e., OEMs and Tier 1s) down and take many forms....more
MSSC, Inc. v. AirBoss Flexible Prods. Co. is the first case to interpret a key provision of the Uniform Commercial Code in nearly 40 years – and one that will reverberate for suppliers up and down the supply chain. The...more