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
Category Archives: Business and Commercial Litigation
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
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 Amicus Curiae Brief, amicus curious, carson j. tucker, consumers energy, michigan, Michigan Supreme Court Orders, property law, Skidmore, Skidmore v. Consumers Energy Company, Supreme Court
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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
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
Insurance Coverage Not Available to Employer Mistakenly Listed as Insured on State-Required Workers Compensation Forms
The Michigan Court of Appeals ruled on Tuesday, February 17, 2015, that insurance coverage was not available to an employer (Delphi) merely because the insurers had errantly listed the employer on forms required to be filed with the state to notify … Continue reading
Court of Appeals Issues Ruling On Independent Contractor Case
The Michigan Court of Appeals issued its opinion in a case I briefed (92675_Moore_Appellant’s_Brief_313440.12.26.2013.1838) and argued in the Court of Appeals last summer, ruling consistent with the Supreme Court’s recent disposition of workers compensation insurance coverage for subcontractors holding themselves out … Continue reading
Insurance Coverage Case for Health Care Providers Conspiracy Claims Still Awaiting Disposition by Indiana Supreme Court
As I had predicted in my earlier blog post, transfer to the Indiana Supreme Court was sought and granted in this “errors and omissions” insurance and reinsurance coverage dispute in which the insureds sought coverage for underlying claims that a network of health … Continue reading
Posted in Appeals, Appeals and Legal Research, Appellate Lawyer, Business and Commercial Litigation, Contract Law, Errors and Omissions, Insurance and Indemnity, Insurance Coverage, Insurance Coverage Disputes, Insurance Law, Insurance Lawyer, May It Please the Court, Recent Judicial Dispositions
Tagged reinsurance, Reinsurance Coverage Disputes
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Surveillance Recordings Created by Private Entity “Public Records” Subject to FOIA Disclosure Where Law Enforcement Takes Possession of Such Records in Pending Investigation
In Amberg v. City of Dearborn, released on December 16, 2014, the Michigan Supreme Court has held that video surveillance created by a private entity but handed over to law enforcement officials for a pending misdemeanor investigation were public records … Continue reading
Employee Driving Company Truck to Job Site Not “In the Course and Scope of Employment” Under Workers Disability Compensation Act
The Court of Appeals (in a 2-1 majority opinion) issued a significant case yesterday, albeit unpublished, holding that an employee driving a company vehicle to a job site location in another part of the state was not “in the course … Continue reading
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Tagged amicus curious, auto insurance, automobile accidents, automobile insurance, bodily injury, carson j. tucker, carson tucker, indemnity, insurance, insurance benefits, insurance coverage, insurance law, Michigan Court of Appeals, no fault benefits, no fault insurance, personal injury, personal insurance protection, personal insurance protection benefits, workers compensation
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