Carson Tucker – Lacey & Jones, LLP

600 South Adams Road Suite 300
Birmingham, MI 48009-6827, United States

  • (248) 433-1414 Ext:.176
  • (248) 433-1241
Admire v. Auto Owners Insurance

Michigan Supreme Court Rules “Base Price” of Van Not Included as “Allowable Expense” Under Personal Insurance Protection Benefits of the No-Fault Automobile Insurance Act

In a 4-1 opinion (JJ. Viviano and McCormack not participating), the Michigan Supreme Court ruled the “base price” of a van was not an allowable PIP expense under the No-Fault Act. MCL 500.3107(1)(a) permits an injured person to…more
| Civil Remedies, Insurance, Personal Injury

Fundamental Distinction Between “Medically Distinguishable” Injuries Under Section 301(1) and “Significant Manner Contribution” Test Under MCL 418.301(2) Under Workers Disability Compensation Act Yet

There is a confusion among the Workers’ Compensation Board of Magistrates and, in some cases, in the Michigan Compensation Appellate Commission (the Commission) between the proper prima facie injury analysis required of a…more
| Civil Remedies, Insurance, Personal Injury, Worker’s Compensation

Supreme Court Vacates Grant Order and Leaves Intact Court of Appeals Ruling on “Primary Purpose” / “Incidental Nature” Test Applied by Court of Appeals to Determine Priority of Insurers in a Motor Veh

MCL 500.3114(2) of Michigan’s No-Fault Automobile Insurance Act establishes a priority of insurers of motor vehicles for certain types of vehicles. The first sentence provides, simply, as follows: ”A person suffering…more
| Civil Remedies, Insurance, Personal Injury
Rambin v. Allstate Insurance Company, et al.

Supreme Court to Address Court of Appeals Interpretation of “Unlawful Taking” of Motorcycle Under No-Fault Act, MCL 500.3113(a)

As I had predicted in August 2012, when the Court of Appeals issued its opinion in this case, the Supreme Court would likely have to further analyze the underlying issues regarding the meaning of an “unlawful taking” and…more
| Civil Remedies, Insurance, Personal Injury

MDTC Files Amicus Brief on Issue of Duty Owed by Landlords and Other Premises Proprietors

My article on the amicus curiae brief I filed in the Michigan Supreme Court in the case of Bailey v. Schaaf, et al., Supreme Court Docket No. 144055 (Oral Argument held on March 5, 2013) was published in the Michigan Defense…more
| Civil Remedies, Insurance, Personal Injury
Bailey v. Schaaf et al., Supreme Court Docket No. 144055

Amicus Curiae Brief in Bailey v. Schaaf

Attached is the amicus curiae brief I wrote and filed in the Michigan Supreme Court on Friday, November 30, 2012, concerning the issues to be addressed by the Court in the near future. Oral argument has not been set. The…more
| Civil Remedies, Insurance, Personal Injury, Real Estate - Residential
Protect Our Jobs v. Board of State Canvassers

Michigan Supreme Court Issues Emergency Order to Hold Oral Arguments Tomorrow On Several Lawsuits Involving Efforts to Place Significant Constitutional Changes on the November 2012 Ballot

In a rare move, especially in August, the Michigan Supreme Court issued several orders (one of which relates to this case) today granting oral arguments for tomorrow at 2:00 p.m. on applications challenging Court of Appeals…more
| Civil Rights, Constitutional Law, Elections & Politics, Labor & Employment Law
Atkins v. SMART

Michigan Supreme Court Overturns Court of Appeals and Rules Claims Against Public Transportation Authority Were Barred by Plaintiff’s Failure to Provide 60-Day Written Notice of Tort Claim

I argued this case for SMART in the Supreme Court on March 7th, 2012 on my application for leave to appeal. Rather than grant, the Court issued an opinion in favor of SMART, reversing the Court of Appeals decision, which I had…more
| Civil Remedies, Insurance, Personal Injury, Transportation
Deon Gentry v. Wayne County Deputy Sheriff Daniel Carmona

Michigan Court of Appeals Issues Definitive Ruling Protecting Law Enforcement Officers in "Excessive Force" Shooting Case

In the wake of the Michigan Supreme Court’s pinnacle decision in Odom v. Wayne County, 482 Mich 459 (2008), which I briefed and argued, the Michigan Court of Appeals had yet to address the difficult case involving serious…more
| Civil Remedies, Civil Rights, Constitutional Law, Personal Injury
Hamed v. Wayne County et al.

Michigan Supreme Court Overrules Champion and Holds that Employers Are Not Liable for Unforeseeable, Intentional Criminal Acts Under Michigan's Civil Rights Act

In a case I briefed and argued in January, the Michigan Supreme Court today issued a 4-3 decision, reversing a published Court of Appeals decision and overruled the 1996 decision of Champion v Nationwide Security Inc, 450 Mich…more
| Civil Remedies, Civil Rights, Insurance, Personal Injury
Hamed v. Wayne County et al.

Michigan Supreme Court Overrules Champion in Hamed v Wayne County Holding Employers Not Liable for Unforeseeable, Intentional Criminal Acts of Employees Under the Michigan Civil Rights Act

In a case I briefed and argued in January, the Michigan Supreme Court today issued a 4-3 decision, reversing a published Court of Appeals decision and overruled the 1996 decision of Champion v Nationwide Security Inc, 450 Mich…more
| Civil Remedies, Civil Rights, Insurance, Personal Injury
Loweke v. Ann Arbor Ceiling and Partition Company

Loweke Clarifies the Fultz Analysis and Reverses in Favor of Plaintiff Third-Party in Tort Action

Here’s the Court’s opinion in Loweke, which modified the analysis of Fultz and clarified the law in that regard; Fultz does not extinguish potential common-law or statutory duties that a contractor or subcontractor…more
| Construction Law, Insurance, Personal Injury
Norris v Police Officers of Lincoln Park et al

Michigan Court of Appeals Continues to Refine and Apply Odom v Wayne County to Law Enforcement Officers' Discretionary Arrest Powers

The Michigan Court of Appeals continues to apply the decision I secured from the Michigan Supreme Court in Odom v Wayne County to further define and strengthen the discretionary arrest powers that law enforcement officers have…more
| Civil Remedies, Civil Rights, Personal Injury
Brown v. Taubman LLC

Premises Liability - Michigan Supreme Court to Clarify whether "Black Ice" is Open and Obvious and What Proof Survives Summary Disposition Motion on the "Open and Obivous" Defense

The Michigan Supreme Court heard oral argument to consider whether a trial court erred in granting summary disposition to a business owner on the basis that “black ice” was open and obvious. Plaintiff was entering a…more
| Civil Remedies, Insurance, Personal Injury
Miller-Davis v Ahrens Construction Inc

Supreme Court to Address Whether "Statute of Repose" for Actions Against Contractors Applies to Implied "Tort" Claims for Injuries to Property

The Michigan Supreme Court heard oral argument to consider whether MCL 600.5839, the statute of repose, for “any action” against architects, engineers, or contractors to recover damages for “any injury to…more
| Civil Remedies, Construction Law, Insurance, Business Torts, Real Estate - Commercial
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