Order Michigan Supreme Court
Lansing, Michigan
November 2, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
153049 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
KEITH TODD, Justices
Plaintiff-Appellant,
v SC: 153049
COA: 323235
Wayne CC: 14-004589-CZ
NBC UNIVERSAL (MSNBC),
Defendant-Appellee,
and
EASTPOINTE POLICE DEPARTMENT and
A-ONE LIMOUSINE,
Defendants.
_________________________________________/
On order of the Court, the application for leave to appeal the December 10, 2015
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 action. MCR 7.305(H)(1).
The parties shall file supplemental briefs within 42 days of the date of this order
addressing: (1) whether the erroneous statements contained in the television show aired
by the defendant NBC Universal (MSNBC) must be considered in context with the
pertinent facts and circumstances surrounding the statements, and if so, whether the
statements viewed in that context rise to the level of extreme and outrageous conduct; (2)
whether the statements in question are protected by the First Amendment; and (3)
whether the plaintiff should have been permitted to amend his complaint. The parties
should not submit mere restatements of their application papers.
I, Larry S. Royster, 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.
November 2, 2016
s1026
Clerk