Constitutional Rights Cannot Be Quarantined! We have consulted municipal insurers, governmental entities and law enforcement agencies on several aspects of potential liabilities arising from enforcement of executive orders issued in response to the COVID-19 pandemic. Below is our letter addressing potential civil liability for law enforcement and prosecutors under state and federal law. https://lexforipllc.com/wp-content/uploads/2020/05/Final-Letter-and-Memo-re-Constitutional-Violations-by-Enforcement-of-Executive-Orders-Re-COVID-19.pdf Click [...]
Category: constitutional law
The Constitution of the United States Prohibits Legislation Altering the Terms of Insurance Contracts to Force Provision of Coverage or Nullifications of Exclusions Under Commercial Policies – It’s a Two-Way Street – Cannot Impair the Obligation and Cannot Enlarge a Remedy or Create a Contractual Right that Would Not Otherwise Exist Under the State of the Terms of the Contract Before Legislative Alteration
Can a state legislature force an insurer to cover a loss / risk where it is either not covered by the plain terms of the policy’s coverage provisions, or excluded by the policy’s exclusions and/or endorsements without violating the prohibition found in the United States Constitution against impairment of the obligations of contracts? Article I, [...]
Can State Legislature’s “Impair” the Obligations and Rights of Insurance Contracts to Force Insurers to Cover Losses to Commercial Enterprises Under Commercial Insurance Policies Due to COVID19?
Post on Contract Clause and State Legislation to Force Insurers to Cover Losses Under Commercial Insurance Policies due to COVID19 Pandemic
Lex Fori PLLC and Carson J. Tucker Secure Unanimous Victory in Supreme Court – Michigan Supreme Court Issues Unanimous Opinion Overruling Prior Michigan Case Law and Reversing Court of Appeals Decision
After a second appeal to the Supreme Court of Michigan in a case argued by Carson J. Tucker, the Court overruled state case law and holds that federal law preempts state courts from ordering a division of military disability pay in state court divorce proceedings. More analysis on the opinion in Foster v Foster will [...]
Lex Fori PLLC and Carson J Tucker File Pro Bono Supreme Court Application for Disabled Veteran
In March 2020, Attorney Carson J. Tucker of Lex Fori PLLC filed another pro bono Supreme Court application in Michigan seeking to ensure that federally protected veterans' disability benefits are used for the purpose that Congress intended, i.e., to support and provide for disabled veterans whose service to the United States resulted in their injuries. [...]