Order Michigan Supreme Court
Lansing, Michigan
November 13, 2015 Robert P. Young, Jr.,
Chief Justice
150656 & (67) Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
DEAN ALTOBELLI, Joan L. Larsen,
Plaintiff-Appellee/ Justices
Cross-Appellant,
v SC: 150656
COA: 313470
Ingham CC: 2012-000635-CZ
MICHAEL W. HARTMANN, MICHAEL A.
COAKLEY, M. ANNA MAIURI, JOSEPH M.
FAZIO, DOUGLAS M. KILBOURNE, JOHN
D. LESLIE and JEROME R. WATSON,
Defendants-Appellants/
Cross-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the November 4, 2014
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.305(H)(1).
The defendants in this case are principal members of a law firm. The operating
agreement for the law firm contains a mandatory arbitration agreement covering any
dispute, controversy or claim between the law firm and a current or former principal.
The parties shall file supplemental briefs within 42 days of the date of this order
addressing whether the Court of Appeals correctly affirmed the trial court’s denial of the
defendants’ motion to dismiss based on the operating agreement’s mandatory arbitration
provision because the plaintiff’s claims are directed at the individual defendants, rather
than the law firm. In addressing that issue, the parties may also address whether, under
theories including but not limited to agency or equitable estoppel, a mandatory arbitration
provision covering disputes “between the Firm . . . and any current or former Principal”
may properly be invoked to resolve disputes between managing principals and a former
principal. The parties should not submit mere restatements of their application papers.
The application for leave to appeal as cross-appellant remains pending.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
November 13, 2015
t1110
Clerk