Ward v. Siano

This Court convened this special panel pursuant to MCR 7.215(J)(3) to resolve a conflict that arose between our decision in Mazumder v Univ of Michigan Regents, 270 Mich App 42; 715 NW2d 96 (2006), and our later decision in this case, Ward v Siano, 270 Mich App 584; 718 NW2d 371 (2006), vacated in part 270 Mich App 801 (2006). Pursuant to our conflict resolution rules, this Court vacated those portions of Ward that conflicted with Mazumder. MCR 7.215(J)(5). We now address the issue that the original panel in Ward would have decided differently if it were not bound to follow Mazumder. MCR…