Michigan Supreme Court Issues Clarifying Order Suspending Due Dates for Jurisdictional Appeals

Following up on its prior order and as I had indicated in my prior blog post (Michigan Supreme Court Suspends All Case Filing Deadlines), the Court has now issued a clarifying order “tolling” filing deadlines for jurisdictional appeals; the time for filing a Claim of Appeal and Application for Leave to Appeal in the Supreme […]

Michigan Supreme Court Suspends All Filing Deadlines for Case Initiation and Responsive Pleadings to Day After Period of Emergency Lockdown Ordered by Governor Whitmer

By  Administrative Order 2020-03  the Michigan Supreme Court has ordered that all filing deadlines for all case initiation and for filing of responsive pleadings in proceedings already initiated are suspended during the period of emergency enunciated in Governor Whitmer’s Executive Order 2020-21 (COVID-19) (March 24 at 12:01 a.m. through April 13, 2020 at 11:59 p.m.). […]

Subjective Good Faith Exception Established by Michigan Supreme Court in Odom v Wayne County Continues to Clearly Delineate Parameters of Liability for Law Enforcement Officers in Michigan

In a case brought to the Michigan Supreme Court by Carson J. Tucker in 2008, Odom v. Wayne County, a seminal (and essentially unanimous) decision and a lasting jurisprudential pillar of governmental tort liability law in Michigan, the Court interpreted the “subjective, good-faith” exception to intentional tort and gross-negligence claims found in Michigan’s Governmental Tort […]

Lex Fori PLLC and Carson J. Tucker Successfully Pursue Attorney Fees on Appeal After Judgment for Widow of Veteran

I’ve already posted about this recent victory, but wanted to highlight one for the more detailed aspects of this case that arose from our aggressive stance in litigation and on appeals and our creativity in exploring all remedies for our clients at all times. Michigan, as in most states, the courts follow the “American rule” […]

Carson J. Tucker Defends Appeal of Victory for Governmental Entity in Michigan Supreme Court

I have filed a complex answer to an appeal in the Michigan Supreme Court addressing several key governmental immunity issues being litigated and addressed in Michigan. The Court of Appeals ruled in our favor and dismissed the suit against my client, but made several questionable statements in dicta in its opinion that we still may […]

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 and otherwise taken by state courts and state agencies to satisfy the veteran’s child support […]

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 law in some cases allows state courts to use veterans’ disability pay to pay child […]