Search results for "higginson"
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363Debt 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)
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1.0KAppellate 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.
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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...
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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...
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981Fifth 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...
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509AccelerationThe 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.
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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...
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312Appellate 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.
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256BankersThe 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.
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376Debt 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...
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411Appellate 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...
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571AccelerationYoung’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.
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493AccelerationFifth 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
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422Appellate 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...
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704Appellate 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.
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529Appellate 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...
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645Appellate 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...
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1.2K1Appellate CircuitA Fifth Circuit Clerk Corruptly Impersonating Appellants Induces Finality of Appeal
Fifth Circuit Clerk Gardner, with knowledge and in bad faith, entered her own fraudulent Motion upon which the 5th Cir. entered its...
