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

Insurers and Businesses Should Always Consider What Options are Available for Insurance Coverage and Recovery of Insurance Assets When Facing a Dispute, Claim or Lawsuit

One of the most important ways insurance companies and businesses can manage their assets and control their liability is to think creatively about insurance and insuring agreements in managing their day-to-day business operations.  Disputes, claims, and yes, lawsuits often arise in the ordinary course of thriving and vibrant businesses.  This is a natural consequence of […]

Special Appellate Counsel for Emergency Appeals in State and Federal Court of Appeals and Supreme Court

It is the eve of trial.  The trial court judge, bent on forcing you into an unsavory settlement with opposing counsel, has granted opposing counsel’s motion in limine to exclude your proposed evidence from the jury’s consideration.  This is a key part of your client’s case and without it your client may be facing 100 […]

Retail Storeowner’s to Face Challenge on Unsafe Aisle Claim in Premises Liability Suit

The Michigan Court of Appeals has issued a 2-1 published opinion and requested a conflict panel under Michigan Court Rule 7.215(J)(2) to address whether retail store owners owe a duty to keep aisles reasonably safe in a case in which the plaintiff tripped over a protruding end-cap platform.  In Quinto v. Woodward Detroit CVS, et al., […]

Supreme Court Reverses Court of Appeals’ Ruling Property Owner Maintained Nuisance In Fact and Negligent Nuisance

In an earlier post, I mentioned that the Michigan Supreme Court issued an order in this premises liability case against a commercial property owner directing the Court of Appeals to adopt the dissenting opinion of Judge Murray and reversing the damages award of $223,000 against the property owner.  However, I wrote the Court’s reversal constituted […]

Supreme Court Hears Oral Argument on “Parallel Parking Space” Defect Case Against Government

Last week, the Michigan Supreme Court heard oral argument in the case of Yono v. Michigan Department of Transportation, Supreme Court Docket No. 146603. I recently filed a supplemental amicus curiae brief on behalf of Oakland County Road Commission, Wayne County and Macomb County Department of Roads, which you can read here: 146603SuppAmicusCMDR. I had previously […]

Court of Appeals Holds All Three Criteria in MCL 418.161(1)(n) Must Be Met Before a Person Can Be Considered an “Independent Contractor” as “Opposed to an Employee” Under Workers’ Compensation Insurance Policy

In  a published decision released yesterday, Auto Owners Ins Co v. All Star Lawn, et al Auto Owners Ins Co v. All Star Lawn, et al, the Court of Appeals concludes that all three criteria in MCL 418.161(1)(n) of the Workers Disability Compensation Act (WDCA) must be met before a person can be considered an “independent […]