Search results for "FIFTH"
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42AccelerationFifth Circuit Return to Post 2008 Financial Crisis Writings Again in this Foreclosure Case
Remember, not a single loss at all in 13 plus years in Banks v. Homeowners. Quite remarkable considering the billions of fines...
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48Appellate JudgesJudge Mazzant’s De Novo Review of M&R, Texas Surety Bond and More. Published for the Fifth Circuit’s Quarterback(s).
A party who files timely written objections to a magistrate judge’s report and recommendation is entitled to a de novo review of...
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80Lawyer ComplaintsFifth Circuit Solicitor Suspended, Sentenced and Convicted for Abusing a Line of Credit
United States Attorney Sherri A. Lydon announced that Daniel Edward Johnson, former Fifth Circuit Solicitor was sentenced to one year and one...
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1.0KCFPBFifth Circuit Finally Tells Banks that Professional Liability Insurance Doesn’t Cover Blatant Fraud, Forgery and Extortion
Judge Stephen Higginson opined for the 2-panel at the 5th Cir., and held that it was the bank’s wrongful certification to HUD...
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145Appellate JudgesThe Fifth Circuit is All at Sea About Following the Law
Judge Jennifer Walker Elrod makes the right call here by way of dissent, applying common sense. Unfortunately it does not help the...
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1.6KAppellate CircuitA Taxing Texas Decision to Deny En Banc Rehearing Splits Fifth Circuit Right Down the Middle. But The Right Call Was Made.
The 8 Dissenting 5th Cir. Judges Owen, Smith, Elrod, Haynes, Willett, Ho, Engelhardt, Oldham would give Attorney Client Privilege to the Austin,...
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204Appellate JudgesAttorneys Fees Award by Fifth Circuit as a Sanction “Definitely Unusual” Claims Texas Trial Lawyer Eric Wood
The opinion does not address all the real parties and the details of who was counsel when and who is liable for...
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205Appellate CircuitFifth Circuit Ain’t So Jolly as its Reversed by Supreme Court for an Erie Guess, Again
To the extent that the panel opinion creates a new Louisiana tort duty, this is a policy decision for Louisiana courts—not this...
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443Appellate JudgesA Hunter or a Howler? Fifth Circuit Chief Judge Unlawfully Implements Threat Management Process Against Elder Victims of Judicial Misconduct
For the Chief Judge to claim the Burkes complaint is merit-based, conclusory and issue a warning violates the Judicial rules as well...
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422Appellate CircuitA Nationwide Investigation into Judges Behavin’ Badly Ends Up With It’s Spotlights Firmly on Texas and the Federalist Fifth Circuit
A system that relies for investigation solely upon judges themselves risks a kind of undue 'guild favoritism' through inappropriate sympathy with the...
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529BankruptcyY’all Can ‘Bank’ On It: A Frivolous Foreclosure Appeal at the Fifth Circuit
A lower court Bankruptcy Judge, a known foreclosure debt collecting law firm and 3 of their foreclosure lawyers arrive at the Court...
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241Donald TrumpFraud On The Fifth Circuit by Mnuchin and Co.?
Have the Treasury and FHFA Perpetrated a Fraud on the Fifth Circuit Court of Appeals in Collins v. Mnuchin, now before the...
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355Appellate JudgesTwombly and Iqbal: Opinions from the Fifth Circuit
The Fifth Circuit has applied those cases several times in its review of dismissals on the pleadings. This article surveys those opinions,...
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200TexasAin’t No Saccameno Win Against Ocwen In Illinois Gonna Help Y’all in Texas Sayeth Fifth Circuit.
It's safe to say that the per curiam order was authored by Judge Wiener as the citations are opinions from his past...
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1.6KEditors ChoiceJudge David Hittner Judgments are Not Vindictive nor Unconstitutional According to a 2020 Opinion by the Fifth Circuit
In 1992, a Fifth Circuit judge called out Senior United States District Court Judge David Hittners sentencing as vindictive and unconstitutional. Move...
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2.4KAppellate CircuitFifth Circuit Judicial Council Immunity Leaves Rogue Judges’ Secretary in the Cold
The court dismissed the complaint for lack of subject matter jurisdiction, concluding Danos’s claims were barred by sovereign immunity.
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2.1KAppellate CircuitFifth Circuit Judge Edith Clement Applies the Mandatory Fairness Requirement re An Opportunity to Be Heard
In the Court of Appeals for the Fifth Circuit, fairness requires that a litigant have the opportunity to be heard before a...
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2.0KFederal LawFifth Circuit Judge Edith Brown Clement Understands the Various Badges of Fraud in Law. The Caveat is Lawyers Are Immune
An individual badge of fraud is not conclusive, but a concurrence of many badges in the same case will always make out...
A MESSAGE TO GOV. ABBOTT
