Opinion
No. 116610.
October 31, 2000.
COA: 207110, Wayne CC: 95-530625-CZ
On order of the Court, the application for leave to appeal from the September 14, 1999 decision of the Court of Appeals is considered, and it is GRANTED. The parties are directed to include discussion of the issues (1) whether the primary jurisdiction doctrine is properly characterized as a "defense," see generally Rinaldo's v Michigan Bell, 454 Mich. 65, 70 (1997), and (2) whether an affirmative defense is waived if not raised in the first responsive pleading, see Grand Blanc Landfill, Inc v Swanson Environmental, Inc, 448 Mich. 859 (1995).