Opinion
SC: 154159 COA: 326606
07-07-2017
Tammy MCNEILL–MARKS, Plaintiff–Appellee, v. MIDMICHIGAN MEDICAL CENTER–GRATIOT, Defendant–Appellant.
Order
On April 12, 2017, the Court heard oral argument on the application for leave to appeal the June 16, 2016 judgment of the Court of Appeals. On order of the Court, the application is again considered. We DIRECT the parties to file additional supplemental briefs within 42 days of the date of this order addressing whether the communication from the plaintiff to her attorney regarding Marcia Fields' presence at MidMichigan Medical Center–Gratiot amounted to a "report," as that word is used in Section 2 of the Whistleblowers Protection Act (WPA), MCL 15.362. In answering this question, the parties shall, at a minimum, address whether: (1) the plaintiff's communication must be to an individual with the authority to address the alleged violation of law; (2) the WPA requires that a plaintiff employee specifically intend to make a charge of a violation or suspected violation of law against another; and (3) privileged communications between a client and his or her attorney can constitute a report under the WPA.
The application for leave to appeal remains pending.
Wilder, J., did not participate because he was on the Court of Appeals panel.