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 […]

Thoughts on the Federal Constitution After Victories Over State Court Encroachments on Federal Rights

The Constitution entrusts, by and for the benefit of the People of this Great Nation, through the enumerated Article I powers vested in the Legislature, the promises of our Great Charter; to protect those diverse groups among us by instilling the foundations of ultimate democracy, the benefits of prosperity, and the hope of Justice for […]

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 […]

United States Supreme Court Asked to Consider Scope of Immunity of International Organizations

In Jam v. International Finance Corporation, the United States Supreme Court is being asked to consider whether “international organizations” enjoy broader immunities from suits in U.S. courts than “foreign governments” under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. §§ 1602-11. As explained in the petition, there is a split among the Circuit Courts of Appeal […]