Opinion
SC: 164811 COA: 358851
10-03-2023
Order
By order of January 4, 2023, the application for leave to appeal the August 11, 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 Michigan (Docket No. 163430 ). On order of the Court, the cases having been decided on July 28, 2023, ––– Mich ––––, ––– N.W.2d ––––, 2023 WL 4845611 (2023), the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE Part III of the judgment of the Court of Appeals and REMAND this case to that court for reconsideration in light of Kandil-Elsayed v F&E Oil, Inc and Pinsky v Kroger Co of Michigan .