We filed the attached application for leave to appeal, once again defending Ray J. Foster in his fight to correct Michigan law, which had gone astray of preemptive federal law for at least 18 years holding that veterans were required to indemnify or reimburse former spouses with federally protected disability payments. We’ve had to file another application in the Michigan Supreme Court after the Court of Appeals ignored the ruling of the United States Supreme Court in Howell v Howell.
The gist of what state courts had been doing to get around preemptive federal law is summed up best in the exchange at oral argument between Chief Justice Roberts and the then Solicitor General (who at that time supported the states). Chief Justice Roberts characterized the state court’s sophistic ploy to get around the purpose of the federal statutes protecting veterans’ benefits as a “charade”. For the entire exchange, which is quite entertaining, see pages 32 and 33 of our application (linked below).
Law Offices of Carson J. Tucker filed an amicus curiae brief on behalf of Veterans of Foreign Wars and Operation Firing for Effect supporting all veterans nationwide who have been consistently and surreptitiously deprived by state courts of the disability benefits to which they have always been entitled by federal law. That brief is here: Amicus Brief for VFW and OFFE in Howell v Howell
The Supreme Court went on to issue a rare unanimous opinion rejecting the states’ position agreeing with all of our arguments. See Howell v. Howell_ 137 S. Ct. 1400
We keep fighting.
Application After Remand
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Published by Carson J Tucker, JD MSEL
Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs.
Board of Directors, Michigan Defense Trial Counsel
Amicus Committee Co-Chair, Michigan Defense Trial Counsel
Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia.
United States Navy Reserves, Combat Warfare Qualification, January 1989 to July 2003
Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board.
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Amicus Curious 