Plaintiffs
Samantha Lichon and Jordan Smits were employed by Michael J. Morse, PC, the
defendant law firm. When they worked at
the firm, they signed a Mandatory Dispute Resolution Procedure Agreement (MDRPA). The MDRPA applies “to all concerns you have
over the application or interpretation of the Firm’s Policies and Procedures
relative to your employment, including, but not limited to, any disagreements
regarding . . . discrimination or violation of other state or federal
employment or labor laws. . . . This
Procedure includes any claim against another employee of the Firm for violation
of the Firm’s Policies, discriminatory conduct or violation of other state or
federal employment or labor laws.” The plaintiffs
filed separate lawsuits alleging that they were sexually harassed by attorney
Michael Morse. The defendants filed
motions for summary disposition under MCR 2.116(C)(7) in each case, alleging
that the MDRPA required arbitration of the plaintiffs’ claims. Both trial courts agreed and dismissed the plaintiffs’
complaints. The Court of Appeals
consolidated the plaintiffs’ appeals and, in a split published opinion,
reversed the trial courts and held that the plaintiffs’ claims were not subject
to arbitration. The Supreme Court has
granted leave to appeal to address whether the claims set forth in the plaintiffs’
complaints are subject to arbitration.