Order Michigan Supreme Court
Lansing, Michigan
July 21, 2006 Clifford W. Taylor,
Chief Justice
128715 Michael F. Cavanagh
128283 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
JOHN R. JACOBS, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 128715
COA: 258271
Oakland CC: 91-405664-NO
TECHNIDISC, INC., and PRODUCER’S
COLOR SERVICES, INC.,
Defendants-Appellees,
and
MICHIGAN MUTUAL INSURANCE
COMPANY n/k/a AMERISURE MUTUAL
INSURANCE COMPANY,
Intervenor-Appellant.
_________________________________________/
MARCIA VAN TIL,
Plaintiff-Appellant,
v SC: 128283
COA: 250539
Ottawa CC: 02-042717-NO
ENVIRONMENTAL RESOURCES
MANAGEMENT, INC.,
Defendant-Appellee.
_________________________________________/
On order of the Court, supplemental briefs filed by the parties pursuant to the
order of May 12, 2006 are considered, and IT IS ORDERED that these cases be
resubmitted without further briefing or oral argument.
WEAVER, J., dissents and joins the statement of KELLY, J.
KELLY, J., dissents and states as follows:
Because I see no need to delay ruling on these cases until next term, I must dissent
from the order. The issues in these two cases were fully briefed and argued before this
2
Court in May 2006. We later asked for additional briefing on the likely practical
consequences should we overrule Sewell v Clearing Machine Corp, 419 Mich 56 (1984).
The parties and the amici curiae dutifully and quickly filed supplemental briefs.
The court clerk received the last of them on June 23, 2006. Therefore, we have had three
weeks to consider all the parties’ latest filings. This has provided ample time to weigh
the implications of overruling Sewell.
Those favoring a delay in deciding these cases offer no rationale for it. Because
over two weeks remain in our term, and because we have had the parties’ briefs for
weeks, we should decide the cases now. These appeals were brought to us over 15
months ago. The parties deserve a decision on them sooner, not later.
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.
July 21, 2006 _________________________________________
t0718 Clerk