Opinion
SC 163989 COA: 355232
05-23-2024
TIMIKA RAYFORD, Plaintiff-Appellant, v. AMERICAN HOUSE ROSEVILLE I, LLC, d/b/a AMERICAN HOUSE EAST I, d/b/a AMERICAN HOUSE, Defendant-Appellee.
Macomb CC: 2020-001548-CD
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
On November 8, 2023, the Court heard oral argument on the application for leave to appeal the December 16, 2021 judgment of the Court of Appeals. On order of the Court, the application is again considered, and it is GRANTED. The parties shall include among the issues to be briefed: (1) whether Clark v DaimlerChrysler Corp, 268 Mich.App. 138 (2005), properly extended this Court's holding in Rory v Continental Ins Co, 473 Mich. 457 (2005), to employment contracts (see also Camelot Excavating Co, Inc v St Paul Fire &Marine Ins Co, 410 Mich. 118 (1981), overruled by Rory, 473 Mich. 457, and Herweyer v Clark Hwy Servs, Inc, 455 Mich. 14 (1997), overruled by Rory, 473 Mich. 457); and (2) if not, whether the contract at issue in this case is an unconscionable contract of adhesion. The time allowed for oral argument shall be 30 minutes for each side. MCR 7.314(B)(1).
Amici who appeared at the application stage are invited to file supplemental briefs amicus curiae. The Business Law and Labor and Employment Law Sections of the State Bar of Michigan, the Michigan Association for Justice, and the Michigan Defense Trial Counsel, Inc., are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.
ZAHRA and VIVIANO, JJ., would deny the application for leave to appeal.