Michigan Supreme Court vacates appeals court ruling in Mike Morse sexual assault lawsuit

LANSING, Mich. - A sexual assault lawsuit between two high profile Metro Detroit attorneys had another development Tuesday following a ruling from the state's top court.

The latest chapter in the battle of two legal titans, a motion from the Michigan Supreme Court vacated a previous court ruling and remanded the case back to the respective lower court. 

As a result, the circuit courts will determine if the case will be decided in court or in arbitration. 

A previous ruling from the Michigan Appeals Court said the case would not have to go to arbitration. But Tuesday's 4-2 ruling threw out that decision and tossed it back to the circuit court. Justice Elizabeth Welch did not offer an opinion because the case was brought before she was elected.

"The supreme court has recognized that sexual assault is not part of the employment agreement and should never be a part of an employment contract," said Geoffrey Fieger, attorney for the alleged victims. "And that every person who alledges sexual assault has a right to have their day in court - open court - and not in secret proceedings."

Morse's attorney has argued the claims should be settled in arbitration because the plaintiffs are former employees.  

Attorney Deborah Gordon, representing Mike Morse said Fieger is wrong and that it is the trial court that will have to decide if sexual harassment or assault cases are tried in private arbitration in open court. 

"The law is the same, employment arbitration agreements are enforceable with regard to things that happen in your employment relationship like they always have been," she said. "But to the extent that something happened outside the employment relationship - the court said - maybe that doesn't go to arbitration."

Ultimately a judge will decide if the case goes to trial or arbitration, said attorney and reporter Charlie Langton.

The case stems from a lawsuit brought in Oakland County Circuit Court that alleged workplace sexual harassment when a receptionist working at the firm in 2015 said she was groped and touched. The plaintiff, Samantha Lichon, said Morse also made sexual comments. 

She was fired from the law firm in 2017 and eventually filed a suit in May 2017.

Jordan Smits became a second plaintiff to sue Morse after alleging he sexually assaulted her at a Christmas party.

The ruling comes after Morse had lost a separate appeal from a previous supreme court motion that ruled he could be sued. That original case goes back to 2017 when Renee Swain filed a $10 million lawsuit for inappropriately touching her breasts in a restaurant. 

Morse had denied ever touching Swain's breast.