All posts tagged "#CA5"
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90Federal LawEx-Nigerian Gov. and Texas Resident Willie Obiano Wins Immunity at Fifth Circuit Over Killings Allegations
Fmr Nigerian Gov. sued under the Torture Victim Protection Act of 1991, claiming he ordered military forces to shoot and kill their...
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97Appellate JudgesFifth Circuit: Unclean Hands Defense by Debtor in Bankruptcy Does Not Invoke Res Judicata
Debtors unclean hands defense was not available to him in the Louisiana litigation and the state judgment fails to confirm it was...
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125Appellate JudgesGravity Fails to Recover On Its $360k Home Loan Because the Petition Style Named the Wrong Entity
Gravity's petition was signed on behalf of the wrong entity—Gravity Funding, not Gravity Capital. That drafting error proves fatal.
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117Appellate JudgesSupreme Court Sets Sights on Fifth Circuit Ruling in Autism Baby Food Case
Justices to Review Procedural Errors in High-Stakes Diversity Jurisdiction Battle, with a Circuit Split requiring SCOTUS Intervention.
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159Federal JudgesSix Years of Inhumanity and Injustice: Callous Federal Judge Hughes Rebuke of Prisoner’s Medical Trauma
From A Courtroom Lacking Humanity and Exposed Judicial Apathy: How the Fifth Circuit Court of Appeals Let Time Slip Away.
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338Bank of AmericaIndymac Mortgage Fraud: Restitution for Investors But Burke Dishonorably Blocked in Federal Courts for 14 Yrs
Perry told staff that he wanted the name of any underwriter who was not approving loans...staff to inflate applicants’ financial information.
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164Appellate 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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151Appellate 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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251Appellate 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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1.4KDebt 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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300BankersBank 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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244Appellate 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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1.0KFederal 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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1.7KDonald 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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1.5KDonald 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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1.5KDonald 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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1.4KEditors 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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425Appellate 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.
