Thank you for visiting. I am Carson J. Tucker, an appellate and insurance law attorney. I use this blog to communicate and engage with clients and colleagues about important court opinions, legal issues and policy. More about my practice can be found on my LinkedIn page, Law Offices of Carson J. Tucker on LinkedIn.
I research, I write, and I help people solve problems, and I advocate for them in court, mostly on appeal from unfavourable decisions of the inferior courts. Using a combination of updates on LinkedIn, this medium, as well as direct personal contact, I have been able to succeed by keeping my clients up to date on the most pressing issues of law and policy that interests them, engaging with them early about a case or issue, and coming up with a strategy to try and change it or support it, depending on the circumstances.
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 and to myself.
There is no legal advice intended or imparted by this blog.
In another pro bono veteran’s disability case, I recently filed a brief in the Michigan Court of Appeals seeking a decision on the applicability of federal law to a specific set of disabled veterans. Carpenter v. Carpenter Brief on Appeal Although federal … Continue reading
Today, November 16, 2018, Law Offices of Carson J. Tucker filed an appearance to defend Michigan governmental entity in a suit under the Govermental Tort Liability Act in the Michigan Court of Appeals. Appearance in Truski v Clinton Township
Yesterday, November 7, 2018, the Supreme Court of Michigan granted my Application for Leave to Appeal (After Remand) in the case of Foster v Foster, to consider the impact of the United States Supreme Court’s decision in Howell v Howell, which … Continue reading
The lawyer’s weekly recently published an article on the Menard v Imig case in which I successfully represented the Macomb County governmental defendants in the Court of Appeals, briefing and arguing this case addressing governmental immunity and the highway defect … Continue reading
Tagged carson j. tucker, carson tucker, contract law, government immunity, governmental liability, Governmental Tort Liability Act, highway defect, highway exception, insurance, insurance claims, insurance coverage, insurance law, law offices of carson j. tucker, michigan, notice, tort law
In a case I briefed and argued on July 10, the Michigan Court of Appeals in a 2-1 opinion has reversed the trial court’s decision denying Macomb County’s motion for summary disposition, and has remanded to the trial court for … Continue reading
Oral arguments on applications to the Michigan Supreme Court have been scheduled to determine whether the notice provisions of the Governmental Tort Liability Act’s (GTLA) “highway exception” to immunity are to be “strictly” or only “substantially” complied with. The order … Continue reading
Tagged government immunity, governmental function, governmental liability, Governmental Tort Liability Act, highway defect, highway exception, highways, michigan, Michigan Supreme Court, municipal law, municipalities, notice of claim, sovereign immunity, statutory notice
We filed the attached application for leave to appeal, once again defending Ray J. Foster in his fight to correct Michigan law, which had gone astray of preemptive federal law for at least 18 years holding that veterans were required … Continue reading
The Constitution entrusts, by and for the benefit of the People of this Great Nation, through the enumerated Article I powers vested in the Legislature, the promises of our Great Charter; to protect those diverse groups among us by instilling … Continue reading
In a 5 to 4 decision, Artis v. District of Columbia, 199 L. Ed.2d 473 (2018), the United States Supreme Court has held that 28 USC § 1367, the “supplemental jurisdiction” statute containing a statute of limitations tolling provision, stops the remaining time … Continue reading
In Jam v. International Finance Corporation, the United States Supreme Court is being asked to consider whether “international organizations” enjoy broader immunities from suits in U.S. courts than “foreign governments” under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. §§ 1602-11. … Continue reading