military law Archives

Brief Submitted in Foster v Foster (After Remand) – Supreme Court of Michigan to Consider Effect of Federal Statutory Preemption on State Subject Matter Jurisdiction and Collateral Attack of Judgments Preempted and Void Under Federal Law

on May 20, 2021May 27, 2021 By Carson J Tucker, JD MSEL

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 [...]

LEX FORI PLLC Asks United States Supreme Court to Force Georgia to Reconsider Its Refusal to Recognize Military Servicemember’s Home of Record in Suit to Vindicate Constitutional Rights

on April 15, 2021April 16, 2021 By Carson J Tucker, JD MSEL

Supreme Court Attorney Carson J. Tucker of Lex Fori PLLC filed a petition in the United States Supreme Court seeking to overturn Georgia's dismissal of a military servicemember's suit in the county of his official "home of record", even though the servicemember was never domiciled or living anywhere else. Upon a change of duty station [...]

Court of Appeals Reverses 2008 Judgment Dispossessing Veteran of Disability Pay – Michigan Court of Appeals Rules State Courts Have No Subject Matter Jurisdiction to Divide Veterans’ Disability Pay Protected by Federal Law

on August 30, 2020August 30, 2020 By Carson J Tucker, JD MSEL

Lex Fori PLLC and Carson J. Tucker Secures Reversal of a 2008 Judgment

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

on May 28, 2020May 28, 2020 By Carson J Tucker, JD MSEL

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 [...]

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

on May 16, 2017May 12, 2020 By Carson J Tucker, JD MSEL

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 [...]