Law Offices of Carson J. Tucker to Bring Constitutional Challenge to Alabama Department of Human Resources in Veterans’ Benefits Takings Case in United States Supreme Court

Summary We have engaged to file a petition in the United States Supreme Court to challenge the 1987 decision in Rose v. Rose, 481 U.S. 619 (1987), in which the Supreme Court held that all veterans’ disability pay could be diverted and otherwise taken by state courts and state agencies to satisfy the veteran’s child support […]

Kansas Holds State Courts Lack Jurisdiction to Override Federal Law Concerning Veterans’ Disability Benefits

Following state courts across the country that have begun implementing the United States Supreme Court’s unanimous decision in Howell v. Howell, the Court of Appeals of Kansas has held that state courts do not have jurisdiction to divert veterans’ disability pay to former spouses, even where the parties had previously agreed to divide such benefits […]

Law Offices of Carson J. Tucker Files Pro Bono Appeal for Disabled Veteran Seeking to Protect Disability Benefits from State Court Legal Process

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 law in some cases allows state courts to use veterans’ disability pay to pay child […]

Law Offices of Carson J. Tucker to Defend Municipality on Appeal in Governmental Immunity Case

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

Michigan Supreme Court Grants to Consider Impact of United States Supreme Court Decision Protecting Veterans’ Disability Pay from Property Divisions in State Court Divorce Proceedings

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 unanimously held all veterans’ disability pay, with but one statutory exception, was jurisdictionally protected by […]

Lawyer’s Weekly Chronicles Appellate Court Victory by Law Offices of Carson J. Tucker

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 exception under the Governmental Tort Liability Act. Macomb County Road Department Not Liable