Timothy Carlson v. City of Warren

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