Category Archives: Appellate Lawyer

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 … Continue reading

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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 … Continue reading

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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

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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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