All posts tagged "fifth circuit court of appeals"

The Frazzled Sequel: Fifth Circuit Schedule All American for Week of September 21st, 2020 after Selia Law Decision

Fifth-Circuit Panel arranges en banc hearing in Consumer Fin. Prot. Bureau v. All Am. Check Cashing, Inc., No. 18-60302 for week of...

Judge Kenneth Marra Votes in Favor of Claim Preclusion and Against Florida AG in Ocwen Case, With Prejudice

Florida Plaintiffs argue Count V attempts to hold Ocwen liable for knowingly maintaining and relying on REALServicing to its own benefit and...

Judge David Hittner Replaced Judge Nancy Atlas after a Late Recusal. His Speedy Termination Against the Homeowners Followed

Judge David Hittner Remands for Emotional Distress Reasons, Citing an Egregious Sham

Judge David Hittner Sanctions Foreclosure Defense Lawyers, Only for the Erie Guess He Relied Upon to be Error

The Lane Law Firm and several of its attorneys were sanctioned by Judge David Hittner for the Priester case, an erie guess,...

Judge David Hittner’s Ruling for Treble Damages Puts Business in Jeopardy

Quanta Storage alleges, three days after the deadline, it is unable to secure the reduced bond due to restrictions on nonessential business...

The Most Comprehensive FDCPA and TDCPA Opinion in a Debt Collection Lawsuit in Texas We’ve Read. You Should Read It Too.

“Generally speaking, the FDCPA is a strict liability statute, which does not require the plaintiff to show that the violation was either...

Another Texas Federal Court Case Prematurely Decided By the Magistrate Judge While Related Case is On Appeal at The Fifth Circuit

An attorney is a key participant in a mortgage scheme. That’s because being able to point to a lawyer, who is sworn...

All American Prematurely Decided By the Fifth Circuit while Supreme Court Petition is Pending

Fifth Circuit Judges should know their role. When a Supreme Court case is pending (Selia Law v. CFPB), hold your pens says...

Thole v. US Bank is Now Before the US Supreme Court. Is it for Self-Serving Financial Gain by Lawyers or for the Rule of Law?

U.S. Bank is accused of mismanaging its pension plan by over-investing in high-risk equities and funds offered by a bank subsidiary, leading...

Did You Know? In Texas, Theft is Called Extortion and Corruption is Called Texas Government

The main factors involved in sentences for extortion and blackmail charges are the amount involved, the way the threats were delivered and...

Texas Solicitor General Kyke Hawkins Arguments are Rudimentarily Dismissed by the US Supreme Court Justices

It probably was not a good sign for Texas in Banister v. Davis, a technical post-conviction habeas case with potentially major ramifications,...

A Look at “Small Business Owner from Mississippi” Michael Gray, All American Check Cashing Inc.

After listening to Oral Arguments at the Court of Appeals for the Fifth Circuit, and Ms Walkers statements, we decided to take...

Ethics and Code of Conduct: Is a Co-Chair of Social Media for the State Bar of Texas Appellate Division Licensed to “Like” a Tweet Like This?

At Laws In Texas we submit a Texas lawyer liking a tweet that condones violence and most likely death, is not ethically...

After All American was Frazzled by Fifth Circuit Judge Higginbotham, The Flamin’ Arguments Continue at the US Supreme Court

All American also notes in its reply brief that a group of 11 (Republican) state Attorneys General have filed an amicus brief...

Judge Kenneth Marra Pens Contrived Opinion to Prevent Staying OCWEN Case. Clearly A Hot Phone Line Yesterday Between Texas and Florida

Yesterday, 13th of November, 2019 was the start of President Donald Trumps' impeachment. However, there was other dastardly deeds being done in...

CFPB and All American Submit their Letters to the Fifth Circuit as the CFPB Constitutionality Question Rages On

According to All American, its case would thus allow the Supreme Court to decide not only the CFPB’s constitutionality but the equally...

CFPB Constitutionality is an Ongoing Debate And Judge Kenneth Marra in Florida S.D. Court Has Egg On His Chin for Many Reasons (But We’ll Leave the Epstein Case He Presided Over Out of the Equation)

Ocwen contends that under the Supreme Court’s holding in 2018’s Lucia v. Securities and Exchange Commission, a party that raises a constitutional...