Stokes v. Daimlerchrysler Corp.

Order Michigan Supreme Court Lansing, Michigan April 13, 2007 Clifford W. Taylor, Chief Justice 132648 Michael F. Cavanagh & (63) Elizabeth A. Weaver (64) Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, Justices FREDIE STOKES, Plaintiff-Appellee, v SC: 132648 COA: 268544 WCAC: 02-000388 DAIMLERCHRYSLER CORPORATION, Defendant-Appellant. ______________________________________/ On order of the Court, the motions for leave to file a brief amicus curiae are GRANTED. The application for leave to appeal the October 26, 2006 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 peremptory action. MCR 7.302(G)(1). At oral argument, the parties shall address whether the burden-shifting analysis described in the Court of Appeals opinion in this case relieved the plaintiff of the burden of proving that he was disabled from all jobs within his qualifications and training, as required by Sington v Chrysler Corp, 467 Mich 144 (2002). The parties shall file supplemental briefs addressing this issue within 56 days of the date of this order, but they should not submit mere restatements of the arguments made in their application papers. 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. April 13, 2007 _________________________________________ l0410 Clerk