This court makes a confident Erie guess that the Texas Supreme Court would have concluded that explicit substitution was not required.
Compare, for example, the foreclosure case of Rob authored by Judge Stephen Higginson in 2018 which reversed and rendered for homeowners.
The Wilders’ irresponsible and inflammatory accusation is a contemptuous insult to the federal district court, Judge Ada Brown, N.D. Texas.
When is a settlement agreement not a settlement agreement? When it involves a foreclosure, a bank and the Fifth Circuit.
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...
Senior Judge David Erza in Austin, W.D. Tex. issued his order of summary judgment in favor of Lakeview 4 days after attorney...
"...an appellate court will mandate reassignment when the facts “might reasonably cause an objective observer to question the original judge’s impartiality.”"
This case clearly shows the pitfalls of hiring a lawyer who claims on his website to be a foreclosure defense lawyer. LIT...
Res judicata bars causes of action or defenses which arise out of the same subject matter as the initial suit.
BOKF relies, principally, on a deed-of-trust provision purporting to allow it to "charge Casalicchio fees for services performed in connection with [his]...
We're reviewing the cases assigned to Judge King's son, Stephen E. Randall, Texas attorney, by S.D. Texas.
When Alwin Gerald Morgan filed his Chapter 11 bankruptcy petition, he claimed a family homestead exemption for a property in which he...
Apparently premature is a word that the judicial colleagues of Chief Judge Priscilla Owen clearly understand without accenting in parenthesis.
Defendants Robert F. Collins, a United States District Judge of the Eastern District of Louisiana, and John H. Ross, Collins's longtime friend,...
Mary Lou Serafine is a lawyer in Austin, Texas. Serafine commenced litigation under federal civil rights law, Section 1983, against five Texas...
The 8 Dissenting 5th Cir. Judges Owen, Smith, Elrod, Haynes, Willett, Ho, Engelhardt, Oldham would give Attorney Client Privilege to the Austin,...
The Fifth Circuit is reversed [for showing no emotion nor humanity and] for incorrectly applying qualified immunity when clearly that protection was...