All posts tagged "fifth circuit"

Did Judge Don Willett Replace Judge Edith Clement Due to a Judicial Complaint in this High Profile Redistricting Case?

Judge Clements dissent included inappropriately partisan and disrespectful attacks on other federal judges in a dissenting opinion, said the complainant.

Penn. Superior Court Decides Banks Res Judicata Doesn’t Apply when it’s a Bank Seeking Another Bite at Homeowner(s)

If you are defending a foreclosure action and have the case dismissed, there is no bar to the bank continuing legal action...

Chief Justice John Roberts Relationship with President Donald Trump in Tatters After DACA Ruling. Or is it?

Justice John Roberts is fed up with Donald Trump’s disrespect for the rule of law. Now he’s standing up for the role...

Homeowner Wins in Texas and Should Thank Whitney, Whitehill et al.

The Whitney Certificate from the Secretary of State was sufficient to show proper service. Summary judgment for the homeowner affirmed.

Judge Edith Jones of the Court of Appeals for the Fifth Circuit Dissents – from Her Own Opinion

It's not uncommon for judges to write separate concurrences to their own majority opinions but we've not seen a judge write a...

Judge Jerry Smith of the Fifth Circuit Confirms a Lower Court is Not Restricted to Act Even When Case is Marked as Closed on the Docket and Notices

It is well established that a federal court may consider collateral issues after an action is no longer pending, incl. the imposition...

BDF Law Group Lawyer Sanctioned by S.D. Tex. Judge Hilda Tagle for Bad Faith Removal of Foreclosure case from State to Federal Court

The sanctions are minimal, considering the lengthy history of abuses in Texas courts by BDF Hopkins, a foreclosure mill law firm with...

The Snakes of the Texas Legal Profession Are Now Officially Allowed Snap Removals as Defendants and Sewer Service as Plaintiffs

Fifth Circuit say 'snap removal' is perfectly fine, despite it being as egregious as 'sewer service'. It's an endorsement of shady legal...

Texas SCJC Invited Citizens to Discuss their Experiences regarding Family Matters in State Court, it Wasn’t Good News for Texas Judges

The State Commission on Judicial Conduct invited public citizens of Texas to a meeting to discuss Texas Judges and Justice in Family...

The Fifth Circuit’s Judge Jennifer Elrod Discusses Pandemics, Cruises and Remote Courtship

Judge Jennifer Elrod; Even though our physical courthouse is not open, it has been very important to make sure all litigants have...

Judge Sparks Sanctions and Recusal Row But Judge Andy Oldham Settles it With a Silver Bullet

The district court determined that Tejero’s attorneys did not settle his lawsuit quickly enough. So the district court sanctioned them. That was...

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,...

Senior Judge Lynn Hughes One Liner Judgment Dismissing EEOC Case Reversed by Fifth Circuit

Fifth Circuit 3-Panel Scolds Senior Federal Judge Lynn Hughes, S.D. Tex., for One Liner Judgment by Publishing Opinion for Instructive Precedent Training.

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...

Motion to Disqualify Judge David Hittner. What Would Supreme Court Justice Scalia Have Thought?

Motion to Disqualify Judge David Hittner: In short form, the current Hopkins case was prematurely ejected by Hittner due to his pervasive...

Fifth Circuit Judge Graves Authors 3-Panel Opinion with Mandate to Unseal Records, Reversing Lower Court

The district court reasoned that sealing was justified because of "the child's privacy interest in being protected from financial predators or others...