Opinion
Nos. 131439, 131440.
November 17, 2006.
Appeal from the Court of Appeals Nos. 258240, 260775.
Orders Granting Oral Argument in Cases Pending on Application for Leave to Appeal November 17, 2006.
We direct the clerk to schedule oral argument on whether to grant the application or take other peremptory action. MCR 7.302(G)(1). The parties shall submit supplemental briefs within 35 days of the date of this order addressing whether the Court of Appeals analysis of MCL 257.401(1) paid adequate attention to the statute's provision that "[t]he owner is not liable unless the motor vehicle is being driven with his or her express or implied consent or knowledge" (emphasis added), and whether the motor vehicle at issue in this case was being driven with the owner's "express or implied consent or knowledge." The parties should avoid submitting mere restatements of the arguments made in their application papers.