Tag: subject matter jurisdiction

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

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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

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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 [...]

Notice of Intent to Sue Government Sent to Third Party Claims Administrator Insufficient to Invoke Exception to Governmental Immunity – Court of Appeals Publishes Decision Holds Notice to Third-Party Claims Administrator Insufficient to Give Government Notice of Claim of Defective Sidewalk

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On August 1, 2013, the Court of Appeals released a decision for publication in the case of McLean v. City of Dearborn, clarifying the strict requirements that notice of a claim for defective sidewalks under the highway exception to governmental immunity must be served on the individuals authorized by the governmental immunity statute, not the third-party [...]

Michigan Court of Appeals Rules “Substantial Compliance” With Statutory Notice Provision Sufficient to Give Governmental Entity Sufficient Notice of Defect Under “Highway Exception” to Governmental Immunity

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Although the Court of Appeals does not use the term "substantial compliance" in this case, it rules that there was enough information in the plaintiff's communications to the City of Detroit to provide the city with proper notice of a defect in a sidewalk within the meaning of MCL 691.1404 (the notice provision concerning the [...]