All posts tagged "fifth circuit panel"
-
3.1KAppellate JudgesThe Nomination of Fifth Circuit Judge and Former Constitutional Law Professor – Judge Stephen A. Higginson
A federal court should only declare a statute enacted by Congress unconstitutional if it violates a provision clearly set forth in the...
-
2.8KAppellate CircuitThe Nomination of Fifth Circuit Judge and Former Prosecutor – Judge Gregg Jeffrey Costa
Judge Gregg Costa: A judge should keep an open mind about the issues in a case; and maintain a sense of humility...
-
2.4KAppellate CircuitThe Nomination of Fifth Circuit Judge and Former Twitter Don – Judge Don Willett
Judge Don Willett: It is never appropriate for lower courts to depart from controlling Supreme Court precedent. If confirmed, I will follow...
-
2.0KAppellate Circuit
Fifth Circuit Judge Willett Opines: Twitter is a Cesspool and an Aggregator of Trollery and Vitriol but I Leveraged it to Get to Where I am Today.
Willett: As a state judge campaigning for office, it was political malpractice not to leverage social media smartly. I loved demystifying &...
-
2.5K1Appellate CircuitThere Was Never Going to Be a Pow[e]-Wow On this Deutsche Bank 5th Circuit Appeal with A Very Ethically Challenged 3-Panel of Higginbotham, Ho and Ho, ehem…Engelhardt
In the case of Powe v. Deutsche Bank National Trust Co., the 3-Panel issued a “Single Word” Opinion. The 5th Circuit Are...
-
2.2KAppellate Circuit
Fifth Circuit Judge Willett Opines: § 1927 sanctions imposed against Attorney(s) for advancing a meritless, immunity-barred claim against Judge are Reasonable
Since 1980, federal courts have awarded stiff sanctions under modern § 1927 to punish the wrongful prolongation of litigation. Here, Morgan persistently...
-
2.0KAppellate CircuitFifth Circuit Toss WhistleBlower’s Case Against Banks (of Course) Citing Lack of Evidence and the Complainant is Not the “Original Source”
Edward Hendrickson, a former fraud investigator in the Department of Veterans Affairs (VA) Office of the Inspector General, alleged 15 banks knowingly...
-
2.2KFederal LawEternal Merry-Go-Round: Who Is the New Chief at the Court of Appeals for the Fifth Circuit in 2019?
From the attorneys perspective, what they might notice the most is who is assigned at their arguments. Beyond that, you would have...
-
1.6KFederal Law8 Corners Rule: Another Certified Question from the Fifth Circuit to the Supreme Court of Texas
In summer 2017, a 10-year-old died in an ATV accident at his grandparents’ house. The boy’s mom sued the grandparents, the Richards....
-
3.2KFDCPAQuiet Title Constitutional Victory for Houston Homeowner Appealed to Fifth Circuit with Oral Arguments Presented – UPDATED 28 May, 2020
ORAL ARGUMENT HEARD before Judges Haynes, Graves, Ho. Arguing Person Information Updated for: Daron L. Janis arguing for Appellant Federal Home Loan...
-
1.9KDeutsche BankLeading Texas Law Firm Baker Botts Slams Court of Appeals for the Fifth Circuit’s Erroneous Decision in Law and Demands Correction; Let’s See if they Have More Joy than Hagens Berman Who Were Also Treated Unfairly
Uncorrected, the 5th circuit panel opinion will substantially undermine receivership courts ability to protect estate property in this circuit, presenting an issue...
-
3.5KEditors ChoiceTina Alexander’s Bank Returns to S.D. Federal Court in Houston But She’s Armed with Supreme Court Constitutional Lawyers from LA. We Assume to Attack the Priester Ruling in Her Prior Case(s) at the Fifth Circuit
Tina Alexander returns to SDTX and her case is assigned to Judge Ellison, who recently had a spat with Judge Jerry Smith...
-
2.9KAccelerationJudge Gregg Costa, Mortgage Fraud Prosecutor Post Financial Crisis, US District Judge for SDTX and Ethically Did Not Recuse from Priester II in 2019
Gregg Costa: For a lawyer and Judge that was probably the closest to the mortgage fraud by all the lenders post Great...
-
2.5K5Federal LawWhen Should a Court of Appeals for the Fifth Circuit Judge Recuse Themselves? We Take a Look at Judge James ‘Jim’ Ho in this Article
A featured case, Judge Ho sat on Deutsche Bank National Trust Co., where the panel affirmed for the German-Owned Bank, who had...
-
4.1K2Federal LawFifth Circuit Judge Wiener Excuses Himself for Inadvertently Failing to Disclose Assets in Prior Years Financial Disclosure Report
Fifth Circuit Judge Wiener failed to disclose all his financial interests in his Financial Disclosure Report, claims it was an inadvertent oversight...
-
5.7K2Federal LawMeet Fifth Circuit Judge James ‘Jim’ Ho’s Attorney Spouse with a Resume which includes Defending MERSCORP and Deutsche Bank National Trust Company
Apart from defending Bankers and MERS, Mrs. Ho is a member of the Federal Judicial Evaluation Committee, appointed by U.S. Senators John...
-
2.8K8Editors Choice
After a Revisit from the Priesters, Who Reminded the Fifth Circuit their Erie Guess Was Proven to Be Lender Bias by the Supreme Court of Texas, they Say, to Hell With Ya, it Was a Guess and You’re No Saint, You’re Merely a Poor Sinner
Back in 2013, we affirmed the dismissal of the Priesters’ case, holding that a four-year statute of limitations barred their attempt to...
-
2.0KFederal LawPresident Donald Trump’s Judicial Picks for the Fifth Circuit Speak up on Key Issues
Last year, two Trump appointees on the Fifth Circuit—Ho and Judge Don Willett—protested the court’s denial of a full panel rehearing of...
