All posts tagged "5th circuit"

What You Should Know About Perjury and False Statements

Federal law proscribes providing the federal courts, Congress, or federal agencies with false information. The prohibition takes four forms: false statements; perjury...

How the Federal Judiciary Smokes Your Case When Big Money is at Stake

The Insiders, a 1999 Movie Claimed Big Tobacco Never Loses in Court despite Killing Millions of Smokers. It's Now 2021 and the...

D.C. Dismissed One Hundred Percent – 478 Judicial Complaints – over an 11 Year Period

In the 11-year period that ended Nov. 30, 2017, the District of Columbia Circuit had received 478 complaints of judicial misconduct, 100%...

It 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,...

Fifth 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...

A 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...

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

Res Judicata, Sanctions and Judge Lynn Hughes Ends this Foreclosure Appeal for Homeowner Underwood.

A homeowner sued to prevent foreclosure on his home, arguing that the relevant statute of limitations had expired under Texas law. The...

Fifth Circuit Judicial Council Immunity Leaves Rogue Judges’ Secretary in the Cold

The court dismissed the complaint for lack of subject matter jurisdiction, concluding Danos’s claims were barred by sovereign immunity.

Fifth Circuit Judge Edith Clement Applies the Mandatory Fairness Requirement re An Opportunity to Be Heard

In the Court of Appeals for the Fifth Circuit, fairness requires that a litigant have the opportunity to be heard before a...

Fifth Circuit Judge Edith Brown Clement Understands the Various Badges of Fraud in Law. The Caveat is Lawyers Are Immune

An individual badge of fraud is not conclusive, but a concurrence of many badges in the same case will always make out...

Guide to Judiciary Policy Vol. 2E, Ch. 3 (2019)

VOL. 2: ETHICS AND JUDICIAL CONDUCT; Ch. 3: Rules for Judicial-Conduct and Judicial-Disability Proceedings

Benchbook for U.S. District Court Judges (Civil Section 6.01)

Before issuing a scheduling order, most judges find it advisable to hold a case-management conference to learn more about the case.

Trump is Back Touting His Supreme Court Nominees (Fed Society and Co.) List

Those encouraging the White House to expand Trump’s Supreme Court list named 5th Circuits Kyle Duncan, Andy Oldham and 11th Cir. Elizabeth...

Attorney-Privilege Does Not Apply to Threats of Violence Statements says 8th Circuit

The attorney-client privilege is narrowly construed and protects disclosures necessary to obtain informed legal advice. Threats of violence do not count.

The Petrobras Scandal Sidebar Arbitration Agreement is Decided At the Fifth Circuit and the Decision is Correct.

Petrobras relies on a Fifth Circuit opinion to support that the district court should have considered the public policy issue. This cannot...

Fifth Circuit Judge Kyle Duncan is Transparent as the Burkes’ Watch His Moves.

Judge Dennis dissents quoting that the case majority (Judges Duncan and Elrod) relies upon was decided under Mississippi state law, rather than,...