W a Foote Memorial Hospital v. Michigan Assigned Claims Plan

Order Michigan Supreme Court
Lansing, Michigan
May 25, 2018 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
156622 David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
Elizabeth T. Clement,
W A FOOTE MEMORIAL HOSPITAL, Justices
d/b/a ALLEGIANCE HEALTH,
Plaintiff-Appellant,
v SC: 156622
COA: 333360
Kent CC: 15-008218-NF
MICHIGAN ASSIGNED CLAIMS PLAN
and MICHIGAN AUTOMOBILE INSURANCE
PLACEMENT FACILITY,
Defendants-Appellees,
and
JOHN DOE INSURANCE COMPANY,
Defendant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 31, 2017
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 appellant shall file a supplemental brief within 42 days of the date of this
order addressing whether: (1) this Court’s decision in Covenant Medical Center, Inc v
State Farm Mut Auto Ins Co, 500 Mich. 191 (2017), should be applied to this case; (2) the
Court of Appeals correctly concluded that this Court’s decision in Pohutski v City of
Allen Park, 465 Mich. 675, 696 (2002), has been “effectively repudiated” in the context of
judicial decisions of statutory interpretation, see Spectrum Health Hospitals v Farm
Bureau Mut Ins Co of Michigan, 492 Mich. 503 (2012); Wayne County v Hathcock, 471
Mich. 445, 484 n 98 (2004); Devillers v Auto Club Ins Ass’n, 473 Mich. 562, 587 n 57
(2005); and (3) if Pohutski has not been effectively repudiated, whether the Pohutski
framework should have been applied in Spectrum. In addition to the brief, the appellant
shall electronically file an appendix conforming to MCR 7.312(D)(2). In the brief,
citations to the record must provide the appendix page numbers as required by MCR
2
7.312(B)(1). The appellees shall file a supplemental brief within 21 days of being served
with the appellant’s brief. The appellees shall also electronically file an appendix, or in
the alternative, stipulate to the use of the appendix filed by the appellant. A reply, if any,
must be filed by the appellant within 14 days of being served with the appellees’ brief.
The parties should not submit mere restatements of their application papers.
Persons or groups interested in the determination of the issues presented in this
case may move the Court for permission to file briefs amicus curiae.
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.
May 25, 2018
a0522
Clerk