Tag: carson tucker

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

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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, [...]

Lex Fori PLLC and Carson J Tucker File Pro Bono Supreme Court Application for Disabled Veteran

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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. [...]

Lawyer’s Weekly Chronicles Appellate Court Victory by Law Offices of Carson J. Tucker

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The lawyer's weekly recently published an article on the Menard v Imig case in which I successfully represented the Macomb County governmental defendants in the Court of Appeals, briefing and arguing this case addressing governmental immunity and the highway defect exception under the Governmental Tort Liability Act. Macomb County Road Department Not Liable  

UPDATE – Howell v. Howell – Supreme Court Rules State Courts Have No Authority to Divest Military Veterans of Retirement and Disability Benefits

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As a follow up on our bulletin yesterday we provide the following summary of the Supreme Court unanimous (8-0-1) opinion in Howell v. Howell, agreeing with the "friend of the court" brief written by Carson J. Tucker for Veterans of Foreign Wars and Operation Firing for Effect. On May 15, 2017, the United States Supreme Court [...]

Former Employee’s Alleged Criminal Activities Relevant to Determine “Wage Earning Capacity” for Purposes of Assessing Entitlement to Workers Compensation Benefits

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In a case I brought to the Michigan Supreme Court, which remanded in Omian v Chrysler, 495 Mich. 859 (2013), to the Court of Appeals for consideration of my appeal, the Michigan Court of Appeals has now reversed the decision I originally appealed.  In Omian v. Chrysler.COA.Published, the Court of Appeals agreed that evidence of [...]