Military Law Archives

Brief Submitted in Foster v Foster (After Remand) – Supreme Court of Michigan to Consider Effect of Federal Statutory Preemption on State Subject Matter Jurisdiction and Collateral Attack of Judgments Preempted and Void Under Federal Law

on May 20, 2021May 27, 2021 By Carson J Tucker, JD MSEL

I have submitted the Appellee's Brief in Foster v. Foster. The Michigan Supreme Court is once again considering the impact of its April 2020 unanimous decision in Foster v. Foster, ruling that federal law preempted state law in the area of the division of military disability pay as property, and that 38 USC 5301 prohibited [...]

LEX FORI PLLC Asks United States Supreme Court to Force Georgia to Reconsider Its Refusal to Recognize Military Servicemember’s Home of Record in Suit to Vindicate Constitutional Rights

on April 15, 2021April 16, 2021 By Carson J Tucker, JD MSEL

Supreme Court Attorney Carson J. Tucker of Lex Fori PLLC filed a petition in the United States Supreme Court seeking to overturn Georgia's dismissal of a military servicemember's suit in the county of his official "home of record", even though the servicemember was never domiciled or living anywhere else. Upon a change of duty station [...]