Order Michigan Supreme Court
Lansing, Michigan
May 12, 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 November 3, 2005, we granted leave to appeal in these cases and ordered that
they be argued and submitted to the Court together. 474 Mich 913, 914 (2005). On
May 2, 2006, the Court heard oral argument. On order of the Court, the parties are
DIRECTED to file supplemental briefs, within 42 days of the date of this order,
addressing the likely practical consequences that would result if this Court were to
overrule Sewell v Clearing Machine Corp, 419 Mich 56 (1984). The supplemental briefs
shall also discuss the factors that a court is to consider before overruling a prior decision,
as set forth in Robinson v City of Detroit, 462 Mich 439, 464 (2000). In particular, the
briefs shall discuss (1) the effect of overruling Sewell, supra, on reliance interests and
whether overruling would work an undue hardship because of that reliance, and (2)
2
whether overruling Sewell, supra, would produce not just readjustments, but practical
real-world dislocations. Robinson, supra at 466. Other participants that have previously
submitted briefs in these cases, including the Workers’ Compensation Law Section of the
State Bar of Michigan, Michigan Defense Trial Counsel, Inc., the Michigan Trial
Lawyers Association, and the Attorney General on behalf of the director of the Workers’
Compensation Agency, are invited to file supplemental briefs on this issue within 42 days
of the date of this order.
Other persons or groups interested in the possible overruling of Sewell, supra, 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.
May 12, 2006 _________________________________________
d0509 Clerk