Opinion
No. 129241.
January 13, 2006.
Leave to Appeal Granted.
SC: 129241, COA: 261950.
The parties are directed to include among the issues to be briefed: (1) whether application of the rule of Pierson Sand Gravel, Inc v. Keeler Brass Co, 460 Mich 372 (1999), to this case tends to encourage gamesmanship by giving plaintiffs an incentive to fail to plead a theory in federal court, with the hope of later litigating that theory in state court, because it was arguably possible, or even probable, that the federal court would have declined to exercise its jurisdiction; (2) whether there are distinguishing factors between this case and Pierson, supra; (3) whether, if a plaintiff wants to preserve state law claims based on the same facts as an action it has brought in federal court, it should be obligated to plead them, or at least attempt to plead them, in the federal court; and (4) whether the interests of federalism or state sovereignty are implicated by this case.