Service Source Inc v. Dhl Express (Usa) Inc

• Court: Michigan Supreme Court
• Decided: May 23, 2014
• Docket: 147860
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

May 23, 2014 Robert P. Young, Jr., Chief Justice

147860 Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack THE SERVICE SOURCE, INC. and THE David F. Viviano, SERVICE SOURCE FRANCHISE, LLC, Justices Plaintiffs-Appellees, v SC: 147860 COA: 301013 Lenawee CC: 09-003258-CK DHL EXPRESS (USA), INC., Defendant-Appellant.

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On order of the Court, the application for leave to appeal the July 11, 2013 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues to be briefed: (1) whether the two agreements at issue are requirements contracts, and if so, whether that affects the issue of the defendant’s alleged breach of contract; (2) whether summary disposition was appropriately granted to the plaintiffs on the issue of liability; and (3) assuming that the defendant is liable for breach of contract, the period for which the defendant is responsible for plaintiffs’ lost profits.

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 23, 2014 h0520 Clerk