All posts tagged "court of appeals for the fifth circuit"

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  18

  Appellate Circuit

  Revisiting MERS and the Lyin’ Words in Fifth Circuit Opinions

  As for MERS being both a “nominee” and a “mortgagee”, the idea that a principal can be its own agent does not...

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  42

  Appellate Judges

  Hall v. McRaven, Supreme Court of Texas and Judge Don Willett’s Sovereign Immunity Concurrence

  Former Texas Supreme Court Justice Donny Willett may be changing his stance on Qualified Immunity in recent opinions at the Fifth Circuit,...

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  49

  Appellate Judges

  Well Jimmy Choo. Texas Supreme Court to Decide on Transactional Attorney Immunity

  Transactional lawyers counsel individuals and organizations on the legal issues generated by their business dealings.

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  60

  Appellate Judges

  A Fifth Circuit Foreclosure Appeal, A Dissent and A Look at the Panel’s History and Experience

  We, Judge Owen and Judge Costa, disagree with the dissenting opinion by Judge Haynes regarding the alleged misrepresentation by a Wells Fargo...

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  34

  E.D. Tex.

  Oh Look Priscilla. It’s Premature.

  Apparently premature is a word that the judicial colleagues of Chief Judge Priscilla Owen clearly understand without accenting in parenthesis.

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  83

  Debt Collector

  Do You Get a Free Home If You Make One Payment Per Annum to Your Mortgage Lender?

  She - Cheryl Pittman - would eventually default, failing to make at least one mortgage payment every year from 2009 to 2019...

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  88

  Appellate Judges

  Fifth Circuit Senior Judge Wiener Issues a Zinger as He Respectfully Calls Trump Judge Jim Ho an Idiot

  Judge Wiener cites Macbeth, King of Scotland in his dissent aimed at Judge Ho. The full quotation reads - It is a...

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  94

  Appellate Judges

  Can You Interpret Judicial Acts as a Power Move? LIT Asks; Is Judge Jennifer Walker Elrod Vying for Judicial Supremacy

  LIT believes Elrod see’s the changing of the guard in ‘active’ judgeships. As a 54 year old circuit judge, that’s regarded as...

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  87

  Appellate 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...

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  125

  Appellate Judges

  Judge 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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  128

  Editors Choice

  LIT Series: Convicted by Coercion; Daniel Villegas

  Imagine the nightmare of being interrogated until you admit guilt for a crime you didn’t commit. Believe it or not, the problem...

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  123

  Appellate Circuit

  At 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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  104

  Appellate Judges

  Published Versus Unpublished Opinions in Federal Circuits. Are Courts Prejudging Litigants?

  Misuse of precedent-stripping rules is so common federal judges openly admit to using them for purposes not endorsed by the respective rules....

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  100

  Acceleration

  Texas Supreme Courts Defective Zepeda Opinion is Gleefully Embraced by Senior S.D. Tex. Judge Werlein in Morris v Deutsche Bank

  Deutsche Bank under the doctrine of equitable subrogation stood in the shoes of the prior lienholder and had authority to foreclose on...

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  188

  Editors Choice

  It’s Not Only a Manifest Injustice, It’s a Perversion of Justice

  Here, this Judicial Council has an opportunity to correct not only a manifest injustice, but perversion of justice. It should do so...

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  176

  1

  Appellate Circuit

  Another Percolating Motion Sits With the Circuit Court

  Appellants, Joanna Burke and John Burke (“Burkes”), now file a Motion seeking leave to be exempt from filing paper copies due to...

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  143

  Acceleration

  Fifth 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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  218

  Appellate Judges

  The 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...