New Supreme Court Order in Stokes v DaimlerChrysler

The Supreme Court has issued an order in Stokes. It orders that the Stokes decision from the Appellate Commission is “STAYED pending resolution of the appellate proceedings, and note{s} that Boggetta v Burroughs Corp, 368 Mich 600 (1962), remains controlling authority until reversed by this Court.”

This means that for the time being the Stokes decision is inapplicable to all proceedings. And, the Boggetta reference means that pre-trial discovery is once again the rule. Therefore, as had been the case before Stokes was released by the Appellate Commission, you can when appropriate ask the Magistrate to compel pre-trial meetings with vocational consultants and ask the Magistrate to compel answers to interrogatories. You should also indicate to the Magistrate and opposing counsel that the application of Sington as described by the Commission in Stokes is also not presently applicable.

The Supreme Court declined to hear our appeal prior to a Court of Appeals decision but did direct the Court of Appeals to grant our application for leave to appeal there “and issue a decision on the appeal before October 1, 2006.” The Court of Appeals has faxed us an order saying that the case will be orally argued there in August.

The Supreme Court’s ruling was 4-3.