Remember, not a single loss at all in 13 plus years in Banks v. Homeowners. Quite remarkable considering the billions of fines...
A party who files timely written objections to a magistrate judge’s report and recommendation is entitled to a de novo review of...
United States Attorney Sherri A. Lydon announced that Daniel Edward Johnson, former Fifth Circuit Solicitor was sentenced to one year and one...
Judge Stephen Higginson opined for the 2-panel at the 5th Cir., and held that it was the bank’s wrongful certification to HUD...
Judge Jennifer Walker Elrod makes the right call here by way of dissent, applying common sense. Unfortunately it does not help the...
The 8 Dissenting 5th Cir. Judges Owen, Smith, Elrod, Haynes, Willett, Ho, Engelhardt, Oldham would give Attorney Client Privilege to the Austin,...
The opinion does not address all the real parties and the details of who was counsel when and who is liable for...
To the extent that the panel opinion creates a new Louisiana tort duty, this is a policy decision for Louisiana courts—not this...
For the Chief Judge to claim the Burkes complaint is merit-based, conclusory and issue a warning violates the Judicial rules as well...
A system that relies for investigation solely upon judges themselves risks a kind of undue 'guild favoritism' through inappropriate sympathy with the...
A lower court Bankruptcy Judge, a known foreclosure debt collecting law firm and 3 of their foreclosure lawyers arrive at the Court...
Have the Treasury and FHFA Perpetrated a Fraud on the Fifth Circuit Court of Appeals in Collins v. Mnuchin, now before the...
The Fifth Circuit has applied those cases several times in its review of dismissals on the pleadings. This article surveys those opinions,...
It's safe to say that the per curiam order was authored by Judge Wiener as the citations are opinions from his past...
In 1992, a Fifth Circuit judge called out Senior United States District Court Judge David Hittners sentencing as vindictive and unconstitutional. Move...
The court dismissed the complaint for lack of subject matter jurisdiction, concluding Danos’s claims were barred by sovereign immunity.
In the Court of Appeals for the Fifth Circuit, fairness requires that a litigant have the opportunity to be heard before a...
An individual badge of fraud is not conclusive, but a concurrence of many badges in the same case will always make out...