News & Commentary

Stories from the frontlines … Trinity Advocates & Others Supporting Veterans

Boots on the Ground – Published State Supreme Court Decision Protects Veterans’ Disability Pay from Being Misappropriated by State Courts

Foster v. Foster, 505 Mich. 151, 949 N.W.2d 102 (2020) - This case was released at the end of April, but on October 26, 2020 we received the official notice of its publication in the national reporter. A unanimous decision in favor of our client (after two Court of...

Boots on the Ground – (Fort Campbell, Kentucky and Tennessee) – Carson J. Tucker of Lex Fori PLLC Submits Supplemental Brief Defending Disabled Veteran in State Court

Boots on the Ground – (Fort Campbell, Kentucky and Tennessee) – Carson J. Tucker of Lex Fori PLLC Submits Supplemental Brief Defending Disabled Veteran in State Court

In Miller v. Miller, Attorney Carson J. Tucker of Lex Fori PLLC appeared pro hac vice and filed a supplemental brief to bring the state trial court's attention to the sweeping unanimous opinions secured by Mr. Tucker in the Supreme Court of Michigan case of Foster v....

Georgia Court of Appeals Rules that Howell v. Howell Prohibits a State Court from Using Veterans’ Disability Pay as Divisible Property and Violates Veterans’ Due Process Rights by Making the Veteran Pay Alimony from His Disability Pay

Federal Law Prohibits State Courts from Counting Veterans' Disability Pay as Property In an opinion dated September 18, 2020, the Georgia Court of Appeals cited to Howell v. Howell, and ruled that state courts could not force a disabled veteran to use his disability...

Boots on the Ground – Preparing the Battlefield – Carson J. Tucker and Lex Fori PLLC Submitted Amicus Curiae Brief Leading to Minnesota Court of Appeals Reversal of State Case Law and Ruling that Federal Law Preempts State Courts from Dividing Military Disability Compensation as Marital Property and Renders Such Property Divisions Unenforceable, Even if Agreed Upon

Part of our work in advancing disabled veteran's constitutional rights to their benefits is relying on amicus curiae (friend of the court) brief writing to ensure that state courts are following the federal laws that protect veteran's disability benefits from "all...

Boots on the Ground – Lex Fori PLLC and Carson J. Tucker Submit Pro Bono Brief in Louisiana Supreme Court Defending Disabled Veteran

In keeping with our efforts in providing pro bono representation to disabled veterans and protecting their disability benefits from being depleted by state courts and overwhelming legal fees, I filed an appearance and was admitted to the Louisiana Supreme Court in the...

Boots on the Ground – 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

In August 2014 Carson J. Tucker and Lex Fori PLLC took up an appeal in a case for a disabled veteran who had been held in contempt in a 2014 proceeding in Dickinson County, Michigan for violating a 2008 judgment. After two initial Court of Appeals opinions against the...