Opinion
SC 165450 COA 341197
10-27-2023
CLEVELAND STEGALL, Plaintiff-Appellant, v. RESOURCE TECHNOLOGY CORPORATION, d/b/a BRIGHTWING, and FCA US, LLC, Defendants-Appellees.
Oakland CC: 2016-155043-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 order of the Court, the application for leave to appeal the February 2, 2023 judgment of the Court of Appeals is 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: (1) whether a public-policy claim for retaliation based upon a statute that has an antiretaliation provision still exists under Suchodolski v. Mich. Consol Gas Co, 412 Mich. 692, 695 &n 2 (1982), after this Court's decision in Dudewicz v. Norris Schmid, Inc, 443 Mich. 68 (1993), overruled in part on other grounds by Brown v Detroit Mayor, 478 Mich. 589, 594 n 2 (2007); and (2) whether the Court of Appeals correctly held that the plaintiff's public-policy claim was preempted by the Occupational Safety and Health Act, see 29 USC 651 et seq., and the Michigan Occupational Safety and Health Act, MCL 408.1001 et seq., or whether the claim was not preempted because the remedy provided by the statutes is inadequate.
The total time allowed for oral argument shall be 40 minutes: 20 minutes for the appellant, and 20 minutes for the appellees, to be divided at their discretion. MCR 7.314(B)(2).
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.