Search results for "jerry-smith"
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820Appellate CircuitThere’s No Riddle, Just a Premeditated Guess Which Contradicts
This court makes a confident Erie guess that the Texas Supreme Court would have concluded that explicit substitution was not required.
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1.1KAccelerationYoung’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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539BankersWild Accusations of Criminality Tackled by the Fifth Circuit
The Wilders’ irresponsible and inflammatory accusation is a contemptuous insult to the federal district court, Judge Ada Brown, N.D. Texas.
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1.1KAppellate CircuitFifth Circuit: Why is Herbert’s Foreclosure Settlement Agreement Missing from Federal Court Docket Exhibits?
When is a settlement agreement not a settlement agreement? When it involves a foreclosure, a bank and the Fifth Circuit.
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753AccelerationFifth 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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640Appellate 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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858AccelerationSummary Judgment Entered in Byrd v. Lakeview Days After Order Allowing Byrd to Replace Counsel
Senior Judge David Erza in Austin, W.D. Tex. issued his order of summary judgment in favor of Lakeview 4 days after attorney...
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706Appellate CircuitAppellate Court Mandates Reassignment to a Different Judge Under Reasonableness Test
"...an appellate court will mandate reassignment when the facts “might reasonably cause an objective observer to question the original judge’s impartiality.”"
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853AccelerationAffirmed. See Rule 47.6. “Love It” Said Shelley Hopkins for BDF Hopkins.
This case clearly shows the pitfalls of hiring a lawyer who claims on his website to be a foreclosure defense lawyer. LIT...
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721Appellate CircuitRes Judicata Interpreted by 5th Circuit Judge Jerry Smith when Applied to Attorneys’ [Fees]
Res judicata bars causes of action or defenses which arise out of the same subject matter as the initial suit.
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1.0KTexasFifth Circuit’s Latest Unlawful Act in Remanding for Attorney Fees in Casalicchio v. BOKF
BOKF relies, principally, on a deed-of-trust provision purporting to allow it to "charge Casalicchio fees for services performed in connection with [his]...
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1.2K2Appellate CircuitThe Judge King Effect on Public Defender Cases Appointing Private Counsel
We're reviewing the cases assigned to Judge King's son, Stephen E. Randall, Texas attorney, by S.D. Texas.
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1.1KBankruptcyPart-Time or Random Residence Ain’t A Family Homestead Exemption in Texas Law
When Alwin Gerald Morgan filed his Chapter 11 bankruptcy petition, he claimed a family homestead exemption for a property in which he...
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710E.D. Tex.Oh Look Priscilla. It’s Premature.
Apparently premature is a word that the judicial colleagues of Chief Judge Priscilla Owen clearly understand without accenting in parenthesis.
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946Federal JudgesIt Was 1992. Judge Jerry Smith Authored for the 3-Panel Affirming Criminal Sentence of Federal Judge Robert F. Collins of Louisiana
Defendants Robert F. Collins, a United States District Judge of the Eastern District of Louisiana, and John H. Ross, Collins's longtime friend,...
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1.3KFederal LawTexas Lawyer Mary Lou Serafine Labeled a Vexatious Litigant in 2021
Mary Lou Serafine is a lawyer in Austin, Texas. Serafine commenced litigation under federal civil rights law, Section 1983, against five Texas...
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2.5KAppellate CircuitA Taxing Texas Decision to Deny En Banc Rehearing Splits Fifth Circuit Right Down the Middle. But The Right Call Was Made.
The 8 Dissenting 5th Cir. Judges Owen, Smith, Elrod, Haynes, Willett, Ho, Engelhardt, Oldham would give Attorney Client Privilege to the Austin,...
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1.5KAppellate CircuitChief Judge Priscilla Owen’s Panel Reversed by Supreme Court in Qualified Immunity Case. LIT’s Judicial Profiling is Vindicated, Again.
The Fifth Circuit is reversed [for showing no emotion nor humanity and] for incorrectly applying qualified immunity when clearly that protection was...
