An argument which was completed snubbed in Burke v. Ocwen Loan Servicing, L.L.C., No. 19-20267 (5th Cir. Mar. 30, 2021)
The district court sentenced Nora to concurrent sentence of 40 months imprisonment on each count, 1 yr probation and $13 million restitution.
A federal court should only declare a statute enacted by Congress unconstitutional if it violates a provision clearly set forth in the...
On Remand the Elder 3-Panel at the Fifth Circuit Defy the Mandated Suggestion for Arbitration, rebuffing the Supreme Court Justice Kavanaugh and...
The wholly groundless exception to arbitrability is inconsistent with the Federal Arbitration Act and this Court’s precedent. Under the Act, arbitration is...
The 3-panel stand by the admonished Judge Lynn Hughes opinion that selling the home to Wall Street for pennies is exactly what...
Non prisoner Lamell obtains a partial reversal in his favor from a 3-panel which capitulated from their earlier opinion. LIT investigates why.
LIT's review of this case is not to look at personal circumstances but rather, as judges say, apply the law. Willett fails...
Judicial recusal doctrines raise structural, not substantive, considerations. They serve to protect the parties basic right to a fair trial.
Borrower is allegedly currently past due for the December 1, 2019 payment and all subsequent payments due under the Note.
There's no random, blind draw system as the Chief Justice of the United States Supreme Court, John Roberts suggested in his year...
Both the lower court District Judge Sean Jordan of E.D. Tex. and the Fifth Circuit 3-panel blame the homeowner for the home...
Compare, for example, the foreclosure case of Rob authored by Judge Stephen Higginson in 2018 which reversed and rendered for homeowners.
Judge Higginson (9) leads, followed closely by Judges Stewart (8) Southwick (7) Smith, King, Jolly and Costa (6) on foreclosure appeal panels
In this foreclosure appeal, the court sua sponte includes arguments of res judicata not brought up at the lower court and returns...
The scope of judicial immunity in the Eleventh Circuit is now made clear. Judicial immunity is complete, unqualified, and without exception.
This court is constrained to issue writs of mandamus only in situations that amount to a clear abuse of judicial power or...
Abuse of Discretion: The scope of the district court’s discretion is narrower when the Rule 41(b) dismissal is with prejudice says 5th...