Opinion
SC: 164900 COA: 356193 SC: 164901 COA: 356194
01-27-2023
Eric BRADLEY and Jacqueline Chuang, Plaintiffs-Appellees, v. Linda FRYE-CHAIKEN, Defendant, and Barry Powers, Appellant. Eric Bradley and Jacqueline Chuang, Plaintiffs-Appellees, v. Linda Frye-Chaiken, Defendant-Appellant, and Barry Powers, Appellant.
Order
On order of the Court, the application for leave to appeal the July 14, 2022 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1). The parties shall file supplemental briefs in accordance with MCR 7.312(E), addressing whether the attorney hired to litigate the amount of costs and fees assessed by the trial court was properly found to be jointly and severally responsible, under MCR 1.109(E) or MCL 600.2591(1), for the costs and fees that were incurred prior to the appellant's appearance in the case, and/or that did not arise out of his representation of the defendant. In addressing that question, the parties shall specifically address: (1) whether, under MCR 1.109(E) or MCL 600.2591(1), all attorneys who represented a client during any portion of a case in which an action or defense was frivolous must be held jointly and severally responsible for costs and fees; and (2) if not, how a court should determine which attorneys should be held liable for costs and fees.
The Michigan Association for Justice, the Michigan Defense Trial Counsel, Inc., the Appellate Practice Section and the Negligence Law Section of the State Bar of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.