MSSC v. AirBoss: Will it Change the Automotive Supply Chain? 

7.25.2023 | 8:00 AM - 9:00 AM


In MSSC v. AirBoss, the Michigan Supreme Court redefined the boundaries of requirements contracts governed by Michigan law, ruling that: (1) a contract in which the buyer promises to purchase the goods for which it issues releases, but does not promise to issue releases, is not a requirements contract, but is instead a “release by release” contract which only requires the seller to supply the quantities in accepted releases; and (2) the label “Blanket Order” is not sufficient to create a requirements contract. MSSC creates new risks and opportunities for buyers and sellers that are parties to such contracts, which are not uncommon in the automotive supply chain. 

In this one-hour briefing, the Butzel Global Automotive Team will explain the significance of MSSC, discuss the practical steps that suppliers should be taking to assess whether and how it affects their supply contracts, and how to best remediate the risks that it creates for buyers and to take advantage of the opportunities that it creates for sellers. Butzel attorneys will also be available to answer questions.

This webinar and Q&A is presented by Butzel attorneys James Bruno, Sheldon Klein, Cynthia Haffey, and Daniel Rustmann.

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