All posts tagged "judge stephen a. higginson"
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1.4KAppellate JudgesA Deep Dive into Farkas I (2011) and Farkas II (2016) Provide Fifth Circuit Foreclosure Paradoxes
A review of legal procedures in federal court foreclosure proceedings show selective application of the laws and glossed opinions.
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1.1KAppellate JudgesWhen is Mandamus Granted by the Court of Appeals for the Fifth Circuit?
This court is constrained to issue writs of mandamus only in situations that amount to a clear abuse of judicial power or...
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1.6KAppellate JudgesJudge Alfred H. Bennett, S.D. Tex., Reversed for Abuse of Discretion by Fifth Circuit
Abuse of Discretion: The scope of the district court’s discretion is narrower when the Rule 41(b) dismissal is with prejudice says 5th...
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1.3KAppellate CircuitWhy the Chief Can’t Judge Everything – Even with Judicial Immunity
No [wo]man in this country is so high that [s]he is above the law. No officer of the law may set that...
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1.6KAppellate JudgesJudge Higginson for the Fifth Cir. 3-Panel Correctly Vacates Prison Sentence of Office Manager in Health Care Fraud Appeal
The district court sentenced Nora to concurrent sentence of 40 months imprisonment on each count, 1 yr probation and $13 million restitution.
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1.4KAppellate CircuitFifth 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...
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1.4KAppellate CircuitWe’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...
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2.8KAppellate JudgesFifth 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...
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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...
