Order Michigan Supreme Court
Lansing, Michigan
July 7, 2017 Stephen J. Markman,
Chief Justice
154159 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
TAMMY McNEILL-MARKS, Joan L. Larsen
Plaintiff-Appellee, Kurtis T. Wilder,
Justices
v SC: 154159
COA: 326606
Gratiot CC: 14-011876-NZ
MIDMICHIGAN MEDICAL CENTER-
GRATIOT,
Defendant-Appellant.
_________________________________________/
On April 12, 2017, the Court heard oral argument on the application for leave to
appeal the June 16, 2016 judgment of the Court of Appeals. On order of the Court, the
application is again considered. We DIRECT the parties to file additional supplemental
briefs within 42 days of the date of this order addressing whether the communication
from the plaintiff to her attorney regarding Marcia Fields’ presence at MidMichigan
Medical Center-Gratiot amounted to a “report,” as that word is used in Section 2 of the
Whistleblowers Protection Act (WPA), MCL 15.362. In answering this question, the
parties shall, at a minimum, address whether: (1) the plaintiff’s communication must be
to an individual with the authority to address the alleged violation of law; (2) the WPA
requires that a plaintiff employee specifically intend to make a charge of a violation or
suspected violation of law against another; and (3) privileged communications between a
client and his or her attorney can constitute a report under the WPA.
The application for leave to appeal remains pending.
WILDER, J., did not participate because he was on the Court of Appeals panel.
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.
July 7, 2017
t0703
Clerk