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 [...]
Tag: federal preemption
United States Supreme Court Petition Filed to Protect Disabled Veteran’s Benefits
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 [...]
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 [...]
Lex Fori PLLC and Carson J Tucker File Pro Bono Supreme Court Application for Disabled Veteran
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. [...]
UPDATE – Howell v. Howell – Supreme Court Rules State Courts Have No Authority to Divest Military Veterans of Retirement and Disability Benefits
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 [...]