veterans benefits 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 and Carson J. Tucker Submit Pro Bono Brief in Louisiana Supreme Court Defending Disabled Veteran

on August 31, 2020August 31, 2020 By Carson J Tucker, JD MSEL

In keeping with our efforts in providing pro bono representation to disabled veterans and protecting their disability from being depleted by state courts and overwhelming legal fees, I filed an appearance and was admitted to the Louisiana Supreme Court in the case of Boutte v. Boutte. On August 7, we filed our petition. Today we [...]

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

United States Supreme Court Petition Filed to Protect Disabled Veteran’s Benefits

on August 29, 2020August 29, 2020 By Carson J Tucker, JD MSEL

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

on April 29, 2020May 12, 2020 By Carson J Tucker, JD MSEL

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 [...]