Opinion
SC 164164 COA 354374
10-03-2023
Macomb CC: 2019-000020-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 July 1, 2022, the application for leave to appeal the February 1, 2022 judgment of the Court of Appeals was held in abeyance pending the decisions in Walker v Hela Mgt, LLC (Docket No. 163475), Kandil-Elsayed v F &E Oil, Inc (Docket No. 162907), Pinsky v Kroger Co of Mich (Docket No. 163430), and Becker v Enterprise Leasing Co of Detroit LLC (Docket No. 163702). On order of the Court, Walker having been dismissed by stipulation of the parties on December 19, 2022, Becker having been dismissed by stipulation of the parties on March 1, 2023, and Kandil-Elsayed and Pinsky having been decided on July 28, 2023,____ Mich. (2023)____, the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE Part II.C. of the judgment of the Court of Appeals and we REMAND this case to that court for reconsideration in light of Kandil-Elsayed and Pinsky. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.
We do not retain jurisdiction.