Greetings

Thank you for visiting my blog.  I am Carson J. Tucker, an appellate and insurance law attorney.  I use this blog to communicate with my clients and colleagues about important court opinions and legal news.

Please check out my linked in biography, Carson J. Tucker, MSEL, JD on LinkedIn

I intend this blog to generally cover issues of appellate law, with some more targeted and detailed analysis of cases that are important to my clients.

There is a “File Room” drop down on the right, which contains specific subject-matter blogs that I hope to be updating.  For example, “May It Please the Court” part of the familiar introductory phrase in oral arguments before appellate tribunals will contain more general blogs about appellate law . . . the idea being that the “Court” in this case is the court of the viewing public’s opinion; “Starry Dices” a spin on the sacrosanct common-law principle of stare decisis should contain posts about the “lighter” moments of practicing law, but don’t hesitate to engage in more philosophical discussions here, either.  You can read more about me in the Background section.

Here are some of the cases I have handled: Carson J. Tucker’s Recent Appellate Cases

Thanks, please tune in and share your comments.

There is no legal advice intended or imparted by this blog.

Posted in May It Please the Court | Leave a comment

How Do You React to Dinosaurs (Specifically, the Kind that want to Eat YOU)? Or, What Would a Caveman Do?

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As I sat in my cozy corner office, with my career out of control and my mind racing; pissed off about everything that was not going right when every indication was I had the talent and skill to do the … Continue reading

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Michigan Supreme Court Reverses Court of Appeals Decision Forcing Workers Compensation Agencies to Remain Open at Certain Locations

The Michigan Supreme Court has reversed the Court of Appeals decision that held the Director of the Michigan Administrative Hearing System and the Director of the Department of Licensing and Regulatory Affairs were required to maintain local offices for litigation … Continue reading

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Missing Pane of Glass from Public Bus Shelter Not a Defective or Dangerous Condition Sufficient to State Cause of Action Against Public Bus Authority Under “Public Building” Exception to Governmental Immunity

The Summary Disposition Standard Debate This case highlights a current conflict among the Court of Appeals.  There is a current “debate” among Court of Appeals panels in recent opinions about the sufficiency of pleading a cause of action against the … Continue reading

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Insurers and Businesses Should Always Consider What Options are Available for Insurance Coverage and Recovery of Insurance Assets When Facing a Dispute, Claim or Lawsuit

One of the most important ways insurance companies and businesses can manage their assets and control their liability is to think creatively about insurance and insuring agreements in managing their day-to-day business operations.  Disputes, claims, and yes, lawsuits often arise … Continue reading

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Special Appellate Counsel for Emergency Appeals in State and Federal Court of Appeals and Supreme Court

It is the eve of trial.  The trial court judge, bent on forcing you into an unsavory settlement with opposing counsel, has granted opposing counsel’s motion in limine to exclude your proposed evidence from the jury’s consideration.  This is a key part of your client’s case and without it your client may be facing 100 percent of the responsibility for the damages alleged as a result of the significant allegations in the underlying lawsuit.  Sound familiar?

Is there a way to even the playing field, or, even better, to have the trial court’s errant legal rulings on the motion corrected?  Or, do you simply capitulate?

There is still hope.  And it can be done, even during the trial.

Carson J. Tucker specializes in prosecuting high-stakes, last-minute emergency appeals seeking interlocutory review of suspect legal rulings.  After all, if the trial court is wrong, or even if the Court of Appeals agrees to take a closer look, this can significantly alter the posture of the parties to the lawsuit.

I am experienced and adept at navigating through the Michigan Court of Appeals and Supreme Court to shepherd the appeal in the most expeditious fashion possible so that it can be reviewed and ruled upon as soon as possible.

In most cases, these actions have stopped the trial from immediately proceeding.  In many of the cases handled by Mr. Tucker, these actions have even resulted in the creation of precedent from the Michigan Court of Appeals and Michigan Supreme Court that changes the entire make-up of the pending lawsuit.  In the least, this type of action can properly re-orient the parties positions and attitudes with respect to settlement demands.

With adept and efficient appellate counsel ready to assist at a moment’s notice, your case can be quickly analyzed by objective review of the facts of the case, the strengths and weaknesses of the legal issues being addressed, and the potential for success at the appellate level.  It’s never too late to act until your case is submitted!

I have real stories and experiences to share from lawsuits in which our clients and the other law firms we have assisted have been able to save thousands of dollars in litigation costs and, more importantly, in damages awards or forced verdicts because I have been able to step in and make new law, or at least bring the parties together to discuss realistic settlement options.

Please do not hesitate to contact me if you are contemplating an appeal, any appeal.

Posted in Administrative Law, Appeals, Appeals and Legal Research, Appellate Lawyer, Automobile Insurance Claims, Business and Commercial Litigation, Comparative Law, Construction Law, Contract Law, Federal Courts, Federal Rules of Civil Procedure, First Amendment, General Liability, Governmental Immunity, Highway Defect Claims, Insurance and Indemnity, Insurance Coverage, International Law, Internet Law, Labor and Employment Law, Landlord / Tenant Law, May It Please the Court, Medical Malpractice, Michigan Court of Appeals Orders, Michigan Court of Appeals Published Opinions, Michigan Supreme Court Opinions, Michigan Supreme Court Orders, Military Appeals, No-Fault Law, Premises Liability, Professional Liability, Professional Liability, Property and Casualty, Public Corporations, Recent Judicial Dispositions, Unemployment Compensation Cases, United States Supreme Court, Workers' Compensation Cases | Tagged , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Mention of a Non-Party in Affirmative Defense Insufficient to Toll Statute of Limitations as to that Non-Party

In a published decision, the Michigan Court of Appeals has held that mention of a potentially responsible non-party at fault in a class action suit was insufficient as a notice of non-party at fault within the meaning of Michigan Court … Continue reading

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Supreme Court to Address Interplay (If Any) Between the No-Fault Act and the Governmental Tort Liability Act

Last Friday, September 19, 2014, I participated in a panel discussion at the Negligence Law Section breakout at the state bar conference in Grand Rapids to discuss the Michigan Supreme Court’s upcoming (October 8) hearing of oral arguments in the calendar … Continue reading

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