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
UPDATE – Howell v. Howell – Supreme Court Rules State Courts Have No Authority to Divest Military Veterans of Retirement and Disability Benefits
United States Supreme Court Rules State Courts May Not Divest Veterans of Their Military Benefits in Property Distributions Consequent to Divorce
Today, the United States Supreme Court released its opinion in Howell v. Howell, holding in line with the pro bono amicus curiae brief submitted by Law Offices of Carson J. Tucker on behalf of Veterans of Foreign Wars and Operation Firing for Effect … Continue reading
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
A New Direction for Qualified Immunity in Alleged Factual Disputes in Fourth Amendment Excessive Force Claims? – Supreme Court Foreshadows Potential Future Treatment
On April 24, 2017, the Supreme Court denied a petition filed challenging the Fifth Circuit’s affirmance of a case in which the district court granted summary judgment to a police officer on qualified immunity grounds in an excessive force case. … Continue reading
United States Supreme Court Petition Filed in Case Seeking to Resolve Whether Federal Courts Owe Any Deference to a Federal Agency’s Interpretation and Application of a Plain and Unambiguous Statutory Provision.
Another United States Supreme Court Petition filed by Law Offices of Carson J. Tucker. Summary to follow in the next few days. Read the petition here: DCV Imports Petition (April 24 2017)
United States Supreme Court Completes Oral Arguments in Veterans’ Pension Benefits Case in which Pro Bono Amicus Curiae Brief was Submitted by Law Offices of Carson J. Tucker
On Monday, the Court heard oral arguments in the case of Howell v. Howell, Case No. 15-1031. I’ve written ad nauseum about this case and the pro bono amicus curiae brief submitted on behalf of Veterans of Foreign Wars and … Continue reading
When Mud Becomes Muck. Supreme Court Refuses to Answer Question Upon Which Cert was Granted – Whether and How an Underlying Malicious Prosecution Claim Can Be Brought as a Constitutional Tort Under 42 U.S.C. 1983 – and Instead Answers Another Question, Unclearly, When Does a Fourth Amendment Claim for Unreasonable Seizure “Accrue” Under State Law Statute of Limitations?
Noting a split of authority among the Circuit Courts as to whether a “malicious prosecution” claim is even cognizable under 42 U.S.C. sec. 1983, and if so, what “constitutional right” is it tethered to, the Supreme Court granted certiorari ostensibly … Continue reading