W a Foote Memorial Hospital v. Michigan Assigned Claims Plan

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 , 895 N.W.2d 490 (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, 641 N.W.2d 219 (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 , 821 N.W.2d 117 (2012) ; Wayne County v. Hathcock , 471 Mich. 445 , 484 n. 98, 684 N.W.2d 765 (2004) ; Devillers v. Auto Club Ins. Ass'n , 473 Mich. 562 , 587 n. 57, 702 N.W.2d 539 (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 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.