Search results for "higginson"
-
406Debt CollectorParty Not Served: Dismissal With Prejudice is an Abuse of Discretion Sayeth Judge Stephen Higginson, CA5
An argument which was completed snubbed in Burke v. Ocwen Loan Servicing, L.L.C., No. 19-20267 (5th Cir. Mar. 30, 2021)
-
1.1KAppellate JudgesJudge Higginson for the Fifth Cir. 3-Panel Correctly Vacates Prison Sentence of Office Manager in Health Care Fraud Appeal
The district court sentenced Nora to concurrent sentence of 40 months imprisonment on each count, 1 yr probation and $13 million restitution.
-
2.3KAppellate JudgesThe Nomination of Fifth Circuit Judge and Former Constitutional Law Professor – Judge Stephen A. Higginson
A federal court should only declare a statute enacted by Congress unconstitutional if it violates a provision clearly set forth in the...
-
1.5KFifth CircuitThe Fifth Circuit Panel of Graves, Higginbotham and Higginson Give ‘Rookie’ Supreme Justice Kavanaugh the Bird
On Remand the Elder 3-Panel at the Fifth Circuit Defy the Mandated Suggestion for Arbitration, rebuffing the Supreme Court Justice Kavanaugh and...
-
1.0KFifth CircuitThe US Supreme Court Slaps Fifth Circuit Panel of Graves, Higginbotham and Higginsons Decision Not to Arbitrate
The wholly groundless exception to arbitrability is inconsistent with the Federal Arbitration Act and this Court’s precedent. Under the Act, arbitration is...
-
85Appellate CircuitYou Won’t Get a Penny From a Wrongful Foreclosure Sale Lawsuit in Texas Sayeth 5th Circuit
The 3-panel stand by the admonished Judge Lynn Hughes opinion that selling the home to Wall Street for pennies is exactly what...
-
575AccelerationThe Deleted Opinion: After the Before From the Dishonorable Fifth Circuit
Non prisoner Lamell obtains a partial reversal in his favor from a 3-panel which capitulated from their earlier opinion. LIT investigates why.
-
1.1KAccelerationFifth Circuit Judge Donny Willett Stands Alone to Spear Cindy Logue Without Merit
LIT's review of this case is not to look at personal circumstances but rather, as judges say, apply the law. Willett fails...
-
350Appellate JudgesJudge James Ho’s Wife Defines Judicial Recusal in Amicus Brief Before Fifth Circuit
Judicial recusal doctrines raise structural, not substantive, considerations. They serve to protect the parties basic right to a fair trial.
-
288BankersThe Battle Begins for Alan, up Against the Chief of the Southern District, et al
Borrower is allegedly currently past due for the December 1, 2019 payment and all subsequent payments due under the Note.
-
421Debt CollectorForclosure Tracker: Julio Returns to S.D. Texas Federal Court and Back to Judge Crane
There's no random, blind draw system as the Chief Justice of the United States Supreme Court, John Roberts suggested in his year...
-
446Appellate CircuitCA5: We Don’t Care About the FBI’s Financial Institution Fraud. We Care About Deutsche Bank.
Both the lower court District Judge Sean Jordan of E.D. Tex. and the Fifth Circuit 3-panel blame the homeowner for the home...
-
628AccelerationYoung’s ‘Pretty Good Deal’ is Another Baked Fifth Circuit Foreclosure Opinion by an Infamous 3-Panel
Compare, for example, the foreclosure case of Rob authored by Judge Stephen Higginson in 2018 which reversed and rendered for homeowners.
-
528AccelerationFifth Circuit Foreclosure Opinions in 2020 and Which Judges Sat on the Panels
Judge Higginson (9) leads, followed closely by Judges Stewart (8) Southwick (7) Smith, King, Jolly and Costa (6) on foreclosure appeal panels
-
450Appellate JudgesFifth Circuit Expand The Court Laws By Making Arguments for the Bank Not Previously Raised
In this foreclosure appeal, the court sua sponte includes arguments of res judicata not brought up at the lower court and returns...
-
748Appellate CircuitThe Big Question is Asked of The Court of Appeals for the Eleventh Circuit
The scope of judicial immunity in the Eleventh Circuit is now made clear. Judicial immunity is complete, unqualified, and without exception.
-
571Appellate JudgesWhen is Mandamus Granted by the Court of Appeals for the Fifth Circuit?
This court is constrained to issue writs of mandamus only in situations that amount to a clear abuse of judicial power or...
-
732Appellate JudgesJudge Alfred H. Bennett, S.D. Tex., Reversed for Abuse of Discretion by Fifth Circuit
Abuse of Discretion: The scope of the district court’s discretion is narrower when the Rule 41(b) dismissal is with prejudice says 5th...
