Noble Metal Processing-Indiana, Inc. v. Challenge Manufacturing Co.
Noble Metal Processing-Indiana, Inc. v. Challenge Manufacturing Co.
Concurring Opinion
(concurring). I agree with the Court’s order denying defendant’s application for leave to appeal. I write separately to briefly
Justice Corrigan claims that a dramatic change in circumstances justifies requiring the trial court to reweigh the imposition of its preliminary injunction against defendant. The change is the alleged bankruptcy of plaintiffs parent company, coupled with alleged bankruptcies of 13 other domestic subsidiaries of plaintiffs parent company. However, neither plaintiff nor defendant has notified this Court that plaintiff has initiated a bankruptcy proceeding. Therefore, nothing in the record before the Court supports Justice Corrigan’s suggestion that plaintiff is insolvent.
Should either of the parties wish to seek modification of the preliminary injunction, it may do so in the trial court. As Justice Corrigan correctly notes, a trial court may always modify an injunction if the facts merit it.
Accordingly, I concur in the Court’s order denying leave to appeal.
Opal Lake Ass’n v Michaywé Ltd Partnership, 47 Mich App 354, 367 (1973).
Dissenting Opinion
(dissenting). I would vacate the preliminary injunction against defendant and remand this case to the trial court for consideration of the reported bankruptcy of plaintiff and plaintiffs parent company of which plaintiff is the alleged guarantor. The trial court granted plaintiffs motion for preliminary injunction on the basis of factual conditions that have changed significantly in the interim. Accordingly, I would remand for possible modification of the injunction in fight of the changed factual conditions or stay the matter depending on the status of the bankruptcy court proceedings.
On February 27, 2009, plaintiff automotive supplier moved for a preliminary injunction to prevent defendant component parts supplier from stopping shipment. During a motion hearing on March 4, 2009, plaintiff asserted that it was presently current on its account, and it would continue to make future payments to defendant. After observing that the entire automotive industry was “on the same rope,” the trial court stated that it would he “very dangerous to open up for every fink in the chain.” In response, plaintiff reiterated the importance of issuing the preliminary injunction “[blecause [otherwise] everyone can turn around and bail on General Motors, your Honor, and Chrysler and Ford. He wants you to open the door and say, [ ‘]Okay everyone can stop shipping tomorrow. This whole town is going to heck.[’]” On March 16, 2009, the trial court granted plaintiffs motion for a preliminary injunction, thereby requiring that defendant continue to ship component parts to plaintiff “on 30 day payment terms.” Less than one month later, on April 15, 2009, plaintiff’s parent company, plaintiff, and 13 other domestic subsidiaries of plaintiffs parent company reportedly filed voluntary bankruptcy petitions.
Opinion of the Court
The motion for immediate consideration is granted. The motion to file supplemental brief and to expand the record on appeal is granted. The application for leave to appeal the March 25, 2009, order of the Court of Appeals denied, because we are not persuaded that the questions presented should be reviewed by this Court. Court of Appeals No. 290892.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.