Search results for "judge higginson"

Collins v Mnuchin the Foreclosure King and Trump Appointee: Updated – Fifth Circuit Issues A Head-Turning Decision

The Court recently voted to rehear en banc the case of Collins v. Mnuchin, an important administrative law dispute about the structure...

It’s Stupefying How Tardy the Court of Appeals for the Fifth Circuit Has Been Related to the Case Questioning the Constitutionality of the CFPB which the Texas Attorney General Also Commented On via Amici

On March 12, 2019 the U.S. Court of Appeals for the Fifth Circuit heard oral argument in All American Check Cashing’s interlocutory...

Fifth Circuit and Junk Science: Tasing Olivas Was to “Prevent Olivas from Lighting Himself on Fire”

In a series of immunity cases - qualified, judicial and attorney immunity appeals which should have been rejected, the Fifth Circuit affirms....

Published Versus Unpublished Opinions in Federal Circuits. Are Courts Prejudging Litigants?

Misuse of precedent-stripping rules is so common federal judges openly admit to using them for purposes not endorsed by the respective rules....

Outlaws In Robes (TX)

2021 Most Wanted in Texas. The Stamp Collection: "Outlaws in Robes." A LIT Series about Federal District Court Judges and Appellate Circuit...

Fifth Circuit Finally Tells Banks that Professional Liability Insurance Doesn’t Cover Blatant Fraud, Forgery and Extortion

Judge Stephen Higginson opined for the 2-panel at the 5th Cir., and held that it was the bank’s wrongful certification to HUD...

A 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,...

Y’all Can ‘Bank’ On It: A Frivolous Foreclosure Appeal at the Fifth Circuit

A lower court Bankruptcy Judge, a known foreclosure debt collecting law firm and 3 of their foreclosure lawyers arrive at the Court...

Twombly and Iqbal: Opinions from the Fifth Circuit

The Fifth Circuit has applied those cases several times in its review of dismissals on the pleadings. This article surveys those opinions,...

Motion to Strike Hopkins Fictitious Brief

Appellants, Joanna Burke and John Burke (“Burkes”), now file a Motion to Strike Appellee’s Hopkins Law, PLLC, Mark Hopkins and Shelley Hopkins...

Hopkins Brief Filed on Friday, October 2, 2020

The Frazzled Sequel: Cato File another Amicus Brief into the Fifth Circuit’s All American Case And It’s Hard-Hitting

CATO argue that allowing the CFPB to carry on with unconstitutionally initiated actions would perpetuate the earlier constitutional violation.

DC Bar Doesn’t Like Whistleblowers and Neither Does the Court of Appeals for the Fifth Circuit

Congress legislated that attorneys not only have the right but the duty to blow the whistle on corporate fraud but the judiciary...

Waiver, Ethics, Other Authorities, Inherent Authority, Truth Seeking and Let’s Add Some Poetry. It’s All in this Motion for Reconsideration at CA5.

It is abundantly clear the Burkes are well within their legal rights to cite the documents and web links which they included...

The Frazzled Sequel: Fifth Circuit Schedule All American for Week of September 21st, 2020 after Selia Law Decision

Fifth-Circuit Panel arranges en banc hearing in Consumer Fin. Prot. Bureau v. All Am. Check Cashing, Inc., No. 18-60302 for week of...

CFPB Issues Statement to Define “Abusive” Acts or Practices

The consumer watchdog agency, the CFPB, has power to prohibit consumer-finance practices that are “abusive”. This is new in consumer protection laws.

Fifth Circuit Finally Tells Banks that Professional Liability Insurance Doesn’t Cover Blatant Fraud, Forgery and Extortion

Judge Stephen Higginson opined for the 2-panel at the 5th Cir., and held that it was the bank’s wrongful certification to HUD...

Texas State’s 14th COA Rejects The Federal Appellate Court (5th Cir.) Erie Guesses on Attorney Immunity

Fourteenth Court of Appeals (Tex.) re Attorney Immunity : We are not bound by these two federal court decisions. Nor do we...