Whitman v. City of Burton
| Decision Date | 19 November 2014 |
| Docket Number | Docket No. 149370.,COA No. 294703. |
| Citation | 497 Mich. 896,855 N.W.2d 746 (Mem) |
| Parties | Bruce WHITMAN, Plaintiff–Appellant, v. CITY OF BURTON and Charles Smiley, Defendants–Appellees. |
| Court | Michigan Supreme Court |
On order of the Court, the application for leave to appeal the April 24, 2014 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals for reconsideration in light of Wurtz v. Beecher Metropolitan District, 495 Mich. 242, 848 N.W.2d 121 (2014). We also take this opportunity, as suggested by the Court of Appeals dissent, Whitman v. City of Burton, 305 Mich.App. 16, 45 n. 2, 850 N.W.2d 621 (2014), to clarify that reports given because the employee is requested to participate in an investigation by a public body are still considered protected activity. See MCL 15.362 ; Chandler v. Dowell Schlumberger Inc., 456 Mich. 395, 399, 572 N.W.2d 210 (1998). Any contrary suggestion in our earlier opinion in this case, Whitman v. City of Burton,
493 Mich. 303, 313, 831 N.W.2d 223 (2013), is VACATED.
We do not retain jurisdiction.
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Whitman v. City of Burton
...Mich. at 319, 831 N.W.2d 223.The primary purpose of the Supreme Court's latest remand order in this case, Whitman v. City of Burton, 497 Mich. 896, 855 N.W.2d 746 (2014) ( Whitman IV ), was to enable this Court to determine whether Wurtz impacts the outcome. In Wurtz, 495 Mich. at 244, 848 ......
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Ogle v. Charter Twp. of Mundy
...body are still considered protected activity," and any suggestion in the earlier Whitman decision, 493 Mich. at 313 was vacated. Whitman, 497 Mich. at 896. We reject contention that the trial court misunderstood the holding and import of Whitman. [9] The parties do not dispute the definitio......
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