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 [...]

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 [...]

Law Offices of Carson J. Tucker Files Pro Bono Appeal for Disabled Veteran Seeking to Protect Disability Benefits from State Court Legal Process

In another pro bono veteran's disability case, I recently filed a brief in the Michigan Court of Appeals seeking a decision on the applicability of federal law to a specific set of disabled veterans. Carpenter v. Carpenter Brief on Appeal Although federal law in some cases allows state courts to use veterans' disability pay to pay child [...]

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 [...]