Carson J. Tucker and Lex Fori PLLC filed a petition in the United States Supreme Court yesterday to protect veteran's disability benefits from wrongful appropriation contrary to federal law. For decades, disabled veterans have suffered immeasurably under the Court’s wholly judicial creation of an exception to explicit protections afforded them by Congress’s exercise of its [...]
Tag: carson j. tucker
United States Supreme Court Amicus Curiae Brief on Behalf of Over 60 Current and Former State Legislators submitted by Lex Fori PLLC and Carson J. Tucker in Merits Case of Sharonell Fulton, et al. v. City of Philadelphia, Case No. 19-123
Attorney Carson J. Tucker, Counsel of Record for nearly 70 Current and Former State Legislators from Kansas, Michigan, Oklahoma, South Dakota, Tennessee and Texas has submitted an amicus curiae brief in the case of Sharonell Fulton, et al. v. City of Philadelphia, Case No. 19-123. The case has garnered national attention as it relates to [...]
Lex Fori PLLC and Attorney Carson J. Tucker Secure Withdrawal of Show Cause and Withdrawal of Administrative Separation Proceedings for U.S. Air Force Captain in Ramstein, Germany
We received news today of a withdrawal of show cause proceedings and dismissal of administrative separation proceedings (prior to trial) for an Air Force Captain at Ramstein Air Base in Germany. We were asked to come in and present a defense for the Captain serving in an operationally sensitive unit who had a complex case [...]
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