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

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...

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.

Published Versus Unpublished Opinions in Federal Circuits.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....

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...

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...

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...

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...

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...

Attorneys Fees Award by Fifth Circuit as a Sanction “Definitely Unusual” Claims Texas Trial Lawyer Eric Wood

The opinion does not address all the real parties and the details of who was counsel when and who is liable for...

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...

Chief Judge Priscilla Owen’s Panel Reversed by Supreme Court in Qualified Immunity Case. LIT’s Judicial Profiling is Vindicated, Again.

The Fifth Circuit is reversed [for showing no emotion nor humanity and] for incorrectly applying qualified immunity when clearly that protection was...

A Hunter or a Howler? Fifth Circuit Chief Judge Unlawfully Implements Threat Management Process Against Elder Victims of Judicial Misconduct

For the Chief Judge to claim the Burkes complaint is merit-based, conclusory and issue a warning violates the Judicial rules as well...

Judge Rhesa Barksdale: The Role of Civility in Appellate Advocacy (1999)

The Role of Civility in Appellate Advocacy; The Honorable Rhesa Barksdale, an appellate judge, Court of Appeals for the Fifth Circuit.

We’re Talkin’ Clerks and Impartiality. One Judge is Talkin’ at the ABA about Nazi Judges

The Clerk has denied the Burkes’ first request for an extension of time in this case. The decision is unfair, based on...

Ain’t No Saccameno Win Against Ocwen In Illinois Gonna Help Y’all in Texas Sayeth Fifth Circuit.

It's safe to say that the per curiam order was authored by Judge Wiener as the citations are opinions from his past...

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

It’s Still Cookin’ in the County Hot Potato Case. A Letter is Issued to the Chief Judge Smashing the Sanctions Order

Magistrate Judge Harjani did not take into account the Hot Potato Doctrine which does not protect the Goodwin Procter lawyers violations.