Kenneth Henes Special Projects Procurement v. Continental Biomass Industries, Inc.

KENNEDY, Circuit Judge.

We were asked in this appeal to decide the legal standard for intentional failure to pay sales commissions in violation of the Michigan Sales Representative Commission Act, M.C.L. 600.2961 (“SRCA”). SRCA permits double damages where there is intentional failure to pay sales commissions. After hearing oral argument, we certified to the Michigan Supreme Court the question of what standard of intent is required under SRCA.

II. Analysis

A. Intentionality Requirement Under SRCA

The Michigan Supreme Court accepted certification and held that the SRCA requires only that the…