Category Archives: Appellate Lawyer

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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Supreme Court Accepts Amicus Curiae Brief prepared by Law Offices of Carson J. Tucker

The Michigan Supreme Court has issued an Order Docketing Amicus Curiae Brief prepared by the Law Offices of Carson J. Tucker on behalf of Michigan Defense Trial Counsel (local affiliate of the Defense Research Institute), in the case of Skidmore v. Consumers … Continue reading

Posted in Appeals, Appeals and Legal Research, Appellate Lawyer, Business and Commercial Litigation, Insurance Law, Insurance Lawyer, May It Please the Court, Michigan Supreme Court Orders, Property and Casualty, Public Corporations, Recent Judicial Dispositions | Tagged , , , , , , , , , | Leave a comment

U.S. Supreme Court Grants in Veterans’ Disability Case

As mentioned in my prior blog post, the U.S. Supreme Court was considering two petitions concerning the issue of disposition of disabled veterans’ benefits in marital property settlements consequent to divorce.  I have a case pending in the Michigan Supreme … Continue reading

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Beautiful Article Written About Justice Scalia from Our Own Justice Larsen

I have read this New York Times article with great appreciation and interest. It reminds me of my own experience (almost to the word) clerking for Justice Markman on the Michigan Supreme Court. Justice Larsen’s experience resounds greatly with me, and … Continue reading

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Former Employee’s Alleged Criminal Activities Relevant to Determine “Wage Earning Capacity” for Purposes of Assessing Entitlement to Workers Compensation Benefits

In a case I brought to the Michigan Supreme Court, which remanded in Omian v Chrysler, 495 Mich. 859 (2013), to the Court of Appeals for consideration of my appeal, the Michigan Court of Appeals has now reversed the decision … Continue reading

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Employee’s Reporting of Potential Future Violation of Law, Regulation or Rule Sufficient to Trigger “Protected Activity” Element in Whistleblower’s Protection Act Claim

In Pace v. Jessica Edel-Harrelson, et al, issued on February 24, 2015, the Michigan Court of Appeals addressed a Whistleblowers Protection Act claim. There are two remarkable points to the case.  The first is that the COA panel (Shapiro, Gleicher and Roynayne-Krause) holds that … Continue reading

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