Leave for Interlocutory Appeal

The Court denied the University’s Motion for Reconsideration as it related to the discrimination claims. Ordinarily, when Summary Disposition is denied, the next step is for the parties to go to trial. Typically, parties cannot take interlocutory appeals. Appeals must usually await the entry of a final judgment for one party or the other.

On September 5, 2006, Defendant University of Michigan filed and Application for Leave to Appeal the Courts denial of its Motion for Reconsideration. Under Michigan Court Rule 7.205(B)(1), to be granted leave for an interlocutory appeal, the applicant must set forth facts showing how the appellant would suffer substantial harm by awaiting final judgment before taking an appeal.

Below are links to the Defendant’s Application for Leave to Appeal and the Plaintiff’s Opposition to the Defendant’s Application. There are also links the Trial Court’s Transcript for the hearings on the Defendant’s initial Motion for Summary Disposition and its subsequent Motion for Reconsideration. Under Michigan Court Rules, these transcripts had to be attached to the Defendant’s Application.

Copies of most of the Exhibits, Affidavits or Deposition Testimony cited in the Briefs can be found on the pages of this website posting documents relating to the Defendant’s Motion for Reconsideration and the Plaintiff’s Opposition thereto.

Defendant Leave to Appeal

Plaintiff Opposition Leave to Appeal

Transcript Motion for Reconsideration

Transcript Motion for Summary Disposition

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