Search results for "FIFTH"
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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.
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793Appellate CircuitAt the Fifth Circuit, When You Wish to Apply Qualified Immunity to Reverse Lower Court, You Say the Law is ‘Not Clearly Established’
The Northern District of Texas concluded that Dr Walsh's due process right was “clearly established,” negating qualified immunity for Defendants.
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1.0KAppellate CircuitJudicial Theater is Trending at the Court of Appeals for the Fifth Circuit.
United States Supreme Court Justice Stephen G. Breyer will preside over the panel of judges, including Judge Jennifer Walker Elrod, United States...
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785Federal LawThe Gushing from the Fifth Circuit 3-Panel in this Sexual Assault Case is Not Believable.
The allegations in this case are sickening. Priscilla Lefebure alleges that Barrett Boeker, her cousin’s husband, raped and sexually assaulted her on...
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1.3KAppellate CircuitA Litigant Has A Right To Fairness in Every Proceeding, Including an Impartial Judge Sayeth Fifth Circuit Judge Cory Wilson
It’s refreshing. It’s candid. It’s a 3-panel led by a new circuit judge by the name of Judge Cory Wilson. Together with...
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631AccelerationFifth Circuit Return to Post 2008 Financial Crisis Writings Again in this Foreclosure Case
Remember, not a single loss at all in 13 plus years in Banks v. Homeowners. Quite remarkable considering the billions of fines...
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774Appellate JudgesJudge Mazzant’s De Novo Review of M&R, Texas Surety Bond and More. Published for the Fifth Circuit’s Quarterback(s).
A party who files timely written objections to a magistrate judge’s report and recommendation is entitled to a de novo review of...
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1.1KLawyer ComplaintsFifth Circuit Solicitor Suspended, Sentenced and Convicted for Abusing a Line of Credit
United States Attorney Sherri A. Lydon announced that Daniel Edward Johnson, former Fifth Circuit Solicitor was sentenced to one year and one...
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1.7KCFPBFifth 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...
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732Appellate JudgesThe Fifth Circuit is All at Sea About Following the Law
Judge Jennifer Walker Elrod makes the right call here by way of dissent, applying common sense. Unfortunately it does not help the...
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2.4KAppellate 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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1.2KAppellate JudgesAttorneys Fees Award by Fifth Circuit as a Sanction “Definitely Unusual” Claims Texas Trial Lawyer Eric Wood
The opinion does not address all the real parties and the details of who was counsel when and who is liable for...
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1.0KAppellate CircuitFifth Circuit Ain’t So Jolly as its Reversed by Supreme Court for an Erie Guess, Again
To the extent that the panel opinion creates a new Louisiana tort duty, this is a policy decision for Louisiana courts—not this...
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1.8KAppellate JudgesA Hunter or a Howler? Fifth Circuit Chief Judge Unlawfully Implements Threat Management Process Against Elder Victims of Judicial Misconduct
For the Chief Judge to claim the Burkes complaint is merit-based, conclusory and issue a warning violates the Judicial rules as well...
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1.2KAppellate CircuitA Nationwide Investigation into Judges Behavin’ Badly Ends Up With It’s Spotlights Firmly on Texas and the Federalist Fifth Circuit
A system that relies for investigation solely upon judges themselves risks a kind of undue 'guild favoritism' through inappropriate sympathy with the...
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1.5KBankruptcyY’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...
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1.3KDonald TrumpFraud On The Fifth Circuit by Mnuchin and Co.?
Have the Treasury and FHFA Perpetrated a Fraud on the Fifth Circuit Court of Appeals in Collins v. Mnuchin, now before the...
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1.4KAppellate JudgesTwombly 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,...
