Order Michigan Supreme Court
Lansing, Michigan
March 28, 2012 Robert P. Young, Jr.,
Chief Justice
143121-2 & (15) Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
TIMOTHY CARLSON, RANDALL and Mary Beth Kelly
LINDA KOLODZIEJSKI, WILLIAM Brian K. Zahra,
and BEVERLY GLASSON, DAVID Justices
and KRISTIN ABRAHAM, DENNIS D.
MARLOWE, DENNIS and TRACY
HIGHT, TED DOBEK, CAROLYN
KUPIEC, FREDERICK and MICHELLE
CROSS, SANDRA POWERS, DANIEL G.
OLIVARES, FRANCESCO and PAMELA
SIMONE, GARY POTAPSHYN, GERALD
KOWALSKI, and FRANK VITALE,
Plaintiffs-Appellees,
v SC: 143121-2
COA: 299577; 299587
CITY OF WARREN, Macomb CC: 2000-01823-CZ
Defendant-Appellant.
____________________________________/
On order of the Court, the motion for miscellaneous relief is GRANTED. The
application for leave to appeal the April 29, 2011 and May 2, 2011 orders of the Court of
Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to
appeal, we REMAND this case to the Court of Appeals for consideration, as on leave
granted, of the issue raised in Court of Appeals Docket No. 299577, whether any of the
class members’ claims are barred by the three-year period of limitation set forth in MCL
600.5805(10); and the issue raised in Court of Appeals Docket No. 299587, whether the
defendant has a due process right to defend against the plaintiffs’ individual claims of
causation and damages in this class action and/or whether there are due process
implications to the process of statistical “extrapolation” to be drawn from the testimony
of the plaintiffs’ expert witnesses. In all other respects, leave to appeal is DENIED,
because we are not persuaded that the remaining questions presented should now be
reviewed by this Court.
CAVANAGH, J., not participating due to a familial relationship with counsel of
record.
I, Corbin R. Davis, 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.
March 28, 2012 _________________________________________
h0321 Clerk