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December 13, 2011

MSC Order List December 9, 2011

On December 9, 2001, the Michigan Supreme Court, in lieu of granting leave to appeal in Findley v DaimlerChrysler Corp., No. 141858, reversed the judgment of the Court of Appeals and reinstated an order of the Workers' Compensation Appellate Commission. The Court found that the Court of Appeals had erred in concluding that the holding in Aquilina v General Motors Corp., 403 Mich 206 (1978), remained valid after the 1985 amendments to the Workers' Compensation Disability Act. Judges Cavanagh and Kelly would have denied leave to appeal, while Judge Hathaway would have granted leave to appeal.

Additionally, the Michigan Supreme Court granted an extension of time for defendant-appellant to file his brief, granted leave for a third party to file an amicus curiae brief, and denied three applications for leave to appeal. In one of those three, People v. Jamison, No. 143233, Justice Young instead would have peremptorily reversed the Court of Appeals.

The Court also vacated its earlier grant of leave to appeal in People v. Rose, No. 141659. In that case, Justice Kelly would have reversed the Court of Appeals and remanded the case for a new trial.

Finally, the Court also issued an order in Joseph v. ACIA, No. 142615. That order is currently unavailable electronically due to a clerical error.

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