The Michigan Court of Appeals interprets the interplay between the notice provision in the highway exception to governmental immunity and the
Category: Recent Judicial Dispositions
Will include opinions, orders, and other activity by respective appellate tribunals.
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 [...]