389 Views June 26, 2019 Be first to comment justicefortexas
Back in 2013, we affirmed the dismissal of the Priesters’ case, holding that a four-year statute of limitations barred their attempt to avoid a home-equity lien under section 50(a)(6)…
454 Views June 21, 2019 Be first to comment justicefortexas
On March 12, 2019 the U.S. Court of Appeals for the Fifth Circuit heard oral argument in All American Check Cashing’s interlocutory appeal from the district court’s ruling upholding…
444 Views June 17, 2019 Be first to comment justicefortexas
Fifth Circuit tosses bulk of $21M judgment for bankrupt DFW company accused of stiffing investors in a shady scheme run by convicted offenders of securities fraud, and a Celebrity…
451 Views June 1, 2019 Be first to comment justicefortexas
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 a decision that upheld the federal ban…
418 Views May 17, 2019 Be first to comment justicefortexas
Unbeknownst to Law Funder, Munoz had a close professional relationship with Judge Jesus Contreras, who was presiding over the Garcia divorce: Munoz and Judge Contreras were coprincipals in a…
409 Views May 9, 2019 Be first to comment justicefortexas
Counter to the national trend, 15 states posted year-over-year increases in foreclosure starts, including Florida (up 65%); Georgia (up 30%); Texas (up 27%); Louisiana (up 20%); Washington (up 12%);…
393 Views May 3, 2019 Be first to comment justicefortexas
ORAL ARGUMENT HEARD before Judges Haynes, Graves, Ho. Arguing Person Information Updated for: Daron L. Janis arguing for Appellant Federal Home Loan Mortgage Corporation; Arguing Person Information Updated for:…
377 Views May 2, 2019 Be first to comment justicefortexas
The Fifth Circuit declined to broaden the exceptions to the Texas rule of attorney immunity with respect to liability to non-clients in the non-litigation context, for criminal acts, or…
391 Views May 2, 2019 Be first to comment justicefortexas
ORAL ARGUMENT HEARD before Judges Haynes, Clement, Judge Duncan and Judge Oldham in Texas Capital Bank v Zeidman on 05/01/2019
377 Views April 29, 2019 Be first to comment justicefortexas
Section 1024.41 of the Code of Federal Regulations describes the procedures that mortgage servicers must follow when processing loss mitigation applications. Does the Fifth Circuit interpret the law correctly…
359 Views April 17, 2019 Be first to comment justicefortexas
Harrington explained in his misconduct complaint that it doesn’t concern the merits of the dissent, but rather the partisan, insulting, egregious and unnecessary comments aimed at other judges. The…
407 Views April 12, 2019 1 Comment justicefortexas
04/03/2019 - ORAL ARGUMENT HEARD before Judges King, Smith, Willett. Arguing Person Information Updated for: John F. Carroll arguing for Appellants Sergio Munoz, Et Al; Arguing Person Information Updated…
379 Views March 21, 2019 Be first to comment justicefortexas
Congress may think these state protections adequate, or it may choose to expand the reach of the FDCPA. Regardless, for the reasons we have given, we believe that the…
287 Views January 9, 2019 Be first to comment justicefortexas
Held: The “wholly groundless” exception to arbitrability is inconsistent with the Federal Arbitration Act and this Court’s precedent. Under the Act, arbitration is a matter of contract, and courts…
264 Views January 8, 2019 Be first to comment justicefortexas
Justice Samuel Alito (for the Fifth Circuit) seemed the most receptive to that argument (a foreclosure is NOT a debt collection), telling Geyser that Congress’s apparent exception of those…
247 Views January 1, 2019 Be first to comment justicefortexas
Were the Supreme Court to want to include attorneys effecting nonjudicial foreclosures under the FDCPA’s definition of “debt collectors,” it might find a narrow path around the federalism issue…
218 Views November 10, 2018 Be first to comment justicefortexas
The Special Committee determined that the subject judge had inappropriately pursued social relationships with an attorney who practices before him and with a court employee.
1.5K Views February 11, 2018 1 Comment justicefortexas
Here’s a summary by a Dallas lawyer about a recent opinion in a real estate foreclosure dispute. He summarizes the current state of the law on some key principles…
