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 a full dismissal of the lawsuit as against the Macomb County Defendants. Judges O’Brien and […]

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 springs from two Court of Appeals cases, Wigfall v Detroit, and West v Detroit. Both cases […]

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 to indemnify or reimburse former spouses with federally protected disability payments. We’ve had to file […]

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 within which to file state law claims if the federal suit is dismissed. The holding […]

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 Wars and Operation Firing for Effect. On May 15, 2017, the United States Supreme Court […]

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 v. Bureau of Alcohol Tobacco Firearms and Explosives (BATFE). We swing for the fence and […]

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 Energy Company, Supreme Court Case No. 154030. Prior posts summarized this case, and included the brief.   […]