Order Michigan Supreme Court
Lansing, Michigan
June 25, 2008 Clifford W. Taylor,
Chief Justice
136114 & (54)(55)(56) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
KEITH GAYLE DAVIS, Maura D. Corrigan
Plaintiff-Appellee, Robert P. Young, Jr.
Stephen J. Markman,
Justices
v SC: 136114
COA: 270478
Ingham CC: 04-000064-CP
FOREST RIVER, INC.,
Defendant-Appellant,
and
KITSMILLER RV, INC.,
Defendant.
_________________________________________/
On order of the Court, the motions for leave to file briefs amicus curiae are
GRANTED. The application for leave to appeal the February 21, 2008 judgment of the
Court of Appeals is considered, and it is GRANTED. The parties shall address: (1)
whether the Magnuson-Moss Warranty – Federal Trade Commission Improvement Act,
15 USC 2301 et seq. (MMWA), provides for a cause of action for breach of warranty and
a remedy of rescission where the plaintiff and the defendant are not in privity of contract;
(2) whether Michigan law provides a cause of action for breach of warranty and a remedy
of rescission where the plaintiff and the defendant are not in privity of contract; (3)
whether the economic loss doctrine and the Uniform Commercial Code, MCL 440.1101
et seq., apply to the plaintiff consumer’s claims for breach of warranty; (4) whether, if the
UCC applies, revocation of acceptance, MCL 440.2608, is available in the absence of
privity, and whether the revocation-of-acceptance provisions of the UCC supplanted any
former common-law action for rescission; and (5) whether, if the plaintiff is confined to
the UCC, either privity or third-party beneficiary status was required for an action for
breach of warranty.
The Michigan Consumer Federation and the Attorney General on behalf of the
Consumer Protection Division 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.
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.
June 25, 2008 _________________________________________
p0618 Clerk