All posts tagged "#CA5"
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16Appellate JudgesMaria Wilson’s Case Mandates Remand to State Court Says Fifth Circuit Judge Stephen Higginson
Joinder of non-diverse party is therefore proper, meaning that the district court lacks subject-matter jurisdiction to consider this case.
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32Appellate JudgesFifth Circuit’s in Pole Position to Strip Down Res Judicata without Texas Supreme Court Invitation
CA5 Judge Douglas: The majority expands the doctrine of res judicata not once, not twice, but three times to reach their desired...
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129Appellate JudgesClowning Around: Despite Many Conflicting Opinions, Once More An Erie Guess Becomes Published Work
The timing of the release of this 5th Circuit erie pub. opinion does not go unnoticed, as the federal court in SDTX...
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1.3KDebt CollectorAnkus LLC Still Lay Claim to Gentry After Agreed Dismissal With Prejudice Before Judge Sim Lake
ORDERED that all claims and defenses asserted, or could have been asserted, by Ankus against PHH are DISMISSED WITH PREJUDICE (May 31,...
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136BankersBank on Judge Higginson: Fifth Circuit Shoot Down Cowboy Rustler’s Late Judicial Recusal Request
LIT disagrees with Judge Stephen Higginson's footnote argument that it would be deemed harmless that the judge did not disqualify himself.
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121Appellate JudgesYale’s Jack Jones Asks A Major Question: The Fifth Circuit’s Erratic and Unpredictable Opinions
By ignoring its own previous panel decisions, the Fifth Circuit has developed at least two distinct strains of jurisprudence.
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925Federal LawSeventh Circuit: Remand to State Court for Lack of Subject Matter Jurisdiction
§ 1447(c) requires federal courts to remand cases removed from state court over which the federal courts lack subject matter jurisdiction.
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1.5KDonald TrumpFifth Circuit: “Acceleration Abandoned. But We Already Foreclosed The Waldens Home in 2021”
This case is a clear example of what LIT continuously highlights. Foreclosure mill counsel are duplicating cases and fees in foreclosures.
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1.4KDonald TrumpCantu’s Christmas Joy: Judge Jolly’s Fifth Circuit Panel Sends Beck Redden Dispute Back to Texas
Fifth Circuit Strikes Down Federal Jurisdiction Returning Cantu’s Legal Malpractice Case involving $1.6 Million Judgment to Texas Court.
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1.4KDonald TrumpThe Fifth Circuit On Section 230 Immunity: Any Cloud n’ Hosting Provider is Liable for Customer’s Content
Salesforce is being sued by sex trafficking victims in Texas, who allege the company aided trafficking by providing SAAS to Backpage.com.
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1.3KEditors ChoiceThe Fifth Circuit On Trickery, Bankruptcy Jurisdiction, Statute of Limitations and Equitable Tolling
A court may equitably toll limitations where the complainant has been tricked into allowing the filing deadlines to pass by his adversary.
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318Appellate JudgesAborting the Radical Biblical-Pounding Court at the Fifth Circuit: Unanimous SCOTUS Justices Reverse (9-0)
Supreme Court Strikes Down Texas-Led Challenge to Mifepristone Access by CA5 3-Panel comprising of Judges Jennifer Elrod, Jim Ho and Wilson.
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215AccelerationFlawed Texas Ruling Fuels Unlawful Foreclosures Ripping Away Homeowners’ Stability and Security
Maluski’s Erroneous Statute of Limitations Opinion Adopted by Federal Courts, Leading to the Unlawful Taking of Family Homes.
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1.4KFederal JudgesJudge Shopping in Texas Joined by Circuit Shopping at the Fifth Circuit Now Under Supreme Court Scrutiny
Nearly a quarter of the cases—23.4%—the Supreme Court has targeted for review this term so far come from the Fifth Circuit Court...
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713Bank of New York Mellon (BONYM)Couchin’ The Truth: Dickey and Sharon Couch Battle The Unsung Fifth Circuit’s Three Straight Faces
The Fifth Circuit court has been reversed more times at SCOTUS than any other, and SCOTX continues to reject their Erie Guesses.
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1.5KAppellate JudgesA Deep Dive into Farkas I (2011) and Farkas II (2016) Provide Fifth Circuit Foreclosure Paradoxes
A review of legal procedures in federal court foreclosure proceedings show selective application of the laws and glossed opinions.
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554Bank of New York Mellon (BONYM)Morlock LLC’s 13 Years of “Thwarting Foreclosure” Ends With Free and Clear Title on $720k Valued Home
Another lawsuit on LIT involving Klein, aka Morlock LLC, who's sanctioned lawyer Jerry Schutza obtains judgment that bank's lien is void.
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1.3KAppellate JudgesPreviously Convicted for Family Violence Pro Se Tim Schoenbauer Tries Kickin’ Butt Again
Plaintiff filed the complaint on Dec. 8 and 5 days later the Magistrate dismissed the complaint with prejudice, affirmed by Judge Ada...
