Opinion
SC 164153 (46) COA 355398
10-31-2023
Oakland CC: 2019-177655-NO
Elizabeth T. Clement, Chief Justice, Brian K. Zahra, David F. Viviano, Richard H. Bernstein, Megan K. Cavanagh, Elizabeth M. Welch, Kyra H. Bolden, Justices.
ORDER
By order of June 28, 2022, the application for leave to appeal the January 27, 2022 judgment of the Court of Appeals was held in abeyance pending the decisions in Kandil-Elsayed v F & E Oil, Inc (Docket No. 162907) and Pinsky v Kroger Co of Mich. (Docket No. 163430). On order of the Court, the motion for remand is GRANTED. Kandil-Elsayed and Pinsky having been decided on July 28, 2023, 512 Mich. __(2023), the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and REMAND this case to that court for reconsideration in light of Kandil-Elsayed and Pinsky.
We do not retain jurisdiction.