Category Archives: Appeals

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 … Continue reading

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Victory in Court of Appeals for Law Offices of Carson J. Tucker

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

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Michigan Supreme Court Poised to Decide Whether Strict or Substantial Compliance is Sufficient Under Highway Exception to Governmental Immunity

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

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Law Offices of Carson J. Tucker Files Application on Behalf of Disabled Veteran in Return to Supreme Court After Remand

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

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United States Supreme Court Holds Federal Statute of Limitations Tolling Provision “Stops” Remaining Time to File State Law Claims Under Applicable State Statute of Limitations

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

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UPDATE – Howell v. Howell – Supreme Court Rules State Courts Have No Authority to Divest Military Veterans of Retirement and Disability Benefits

As a follow up on our bulletin yesterday we provide the following summary of the Supreme Court unanimous (8-0-1) opinion in Howell v. Howell, agreeing with the “friend of the court” brief written by Carson J. Tucker for Veterans of Foreign … Continue reading

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Supreme Court Asked to Reconsider Chevron Doctrine of Broad Discretion to Federal Agency Interpretation of the Law

The Law Offices of Carson J. Tucker has asked the United States Supreme Court to reconsider giving overbearing government agencies broad discretion to interpret otherwise unambiguous law. I previously posted our United States Supreme Court petition in  DCV Imports, LLC … Continue reading

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