Opinion
SC: 163989 COA: 355232
06-23-2023
Timika RAYFORD, Plaintiff-Appellant, v. AMERICAN HOUSE ROSEVILLE I, LLC, d/b/a American House East I, d/b/a American House, Defendant-Appellee.
Order
By order of May 3, 2022, the application for leave to appeal the December 16, 2021 judgment of the Court of Appeals was held in abeyance pending the decision in McMillon v City of Kalamazoo . On order of the Court, the case having been decided on January 11, 2023, ––– Mich ––––, 983 N.W.2d 79 (2023), the application is again considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1). The parties shall file supplemental briefs in accordance with MCR 7.312(E), addressing whether Timko v Oakwood Custom Coating, Inc , 244 Mich App 234, 625 N.W.2d 101 (2001), correctly held that contractual limitations clauses which restrict civil rights claims do not violate public policy. See, e.g., Rodriguez v Raymours Furniture Co, Inc , 225 N.J. 343, 138 A.3d 528 (2016).
We further direct the Clerk to schedule the oral argument in this case for the same future session of the Court when it will hear oral argument in Adilovic v Monroe LLC (Docket No. 164750) and Saidizand v GoJet Airlines LLC (Docket No. 163664).
The Business Law and Labor and Employment Law Sections of the State Bar of Michigan, the Michigan Association for Justice, the Michigan Chamber of Commerce, and the Michigan Defense Trial Counsel, Inc., are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issue presented in this case may move the Court for permission to file briefs amicus curiae.