To the extent that the panel opinion creates a new Louisiana tort duty, this is a policy decision for Louisiana courts—not this...
A system that relies for investigation solely upon judges themselves risks a kind of undue 'guild favoritism' through inappropriate sympathy with the...
Appellants, Joanna Burke and John Burke (“Burkes”), now file a Motion to Strike Appellee’s Hopkins Law, PLLC, Mark Hopkins and Shelley Hopkins...
A homeowner sued to prevent foreclosure on his home, arguing that the relevant statute of limitations had expired under Texas law. The...
The court dismissed the complaint for lack of subject matter jurisdiction, concluding Danos’s claims were barred by sovereign immunity.
In the Court of Appeals for the Fifth Circuit, fairness requires that a litigant have the opportunity to be heard before a...
An individual badge of fraud is not conclusive, but a concurrence of many badges in the same case will always make out...
VOL. 2: ETHICS AND JUDICIAL CONDUCT; Ch. 3: Rules for Judicial-Conduct and Judicial-Disability Proceedings
Before issuing a scheduling order, most judges find it advisable to hold a case-management conference to learn more about the case.
Those encouraging the White House to expand Trump’s Supreme Court list named 5th Circuits Kyle Duncan, Andy Oldham and 11th Cir. Elizabeth...
The attorney-client privilege is narrowly construed and protects disclosures necessary to obtain informed legal advice. Threats of violence do not count.
Petrobras relies on a Fifth Circuit opinion to support that the district court should have considered the public policy issue. This cannot...
Judge Dennis dissents quoting that the case majority (Judges Duncan and Elrod) relies upon was decided under Mississippi state law, rather than,...
Broken Robes: Judge Catharina Haynes of the Fifth Circuit has a financial interest in the outcome of the Cadenas case in Texas....
Civil rights lawyers have once again asked a federal judge to hold Orleans Parish Magistrate Judge Harry Cantrell in contempt of court...
When the decisions of courts of justice are made, they must, it is true, be executed; but the power of executing them...
It's not uncommon for judges to write separate concurrences to their own majority opinions but we've not seen a judge write a...