On October 18, 1991, a district court judge denied summary judgment in a case brought by a smoker who was dismissed for allegedly violating the company’s policy of restricting smoking to designated areas only.  The court ruled that whether a violation of the smoking policy constitutes just cause for dismissal is a triable issue.  The Michigan Supreme Court on December 17, 1991 reversed and remanded the case to the district court; on February 3, 1992, the district court allowed the company’s motion for summary judgment.  On appeal, at 791 F. Supp. 1243, 1992 U.S. Dist. LEXIS 6610, 7 BNA IER Cas 758.

7.3 TPLR 2.84, 1991 U.S. Dist. LEXIS 19584, 91-CV-40029-FL (E.D. Mich. 1991).