All posts tagged "judge stephen higginson"
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2.8KFederal LawThrice. Texas Ethics and Federal Appeals in 2020
A Theoretical dismissal is Not Justice. Unlike the Burkes, not a shred of evidence was presented by Hopkins to support his claims.
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2.7KAppellate CircuitThe Frazzled Sequel: Cato File another Amicus Brief into the Fifth Circuit’s All American Case And It’s Hard-Hitting
CATO argue that allowing the CFPB to carry on with unconstitutionally initiated actions would perpetuate the earlier constitutional violation.
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3.4KAppellate JudgesWhen Litigants are Ordered to File an Amended Brief and End Up More Distressed About the Judges than the Opposing Parties, That’s Not Good for Democracy
Dishonorably and shockingly, it has now become a desperate search for judges who can provide a fair and impartial hearing at COA...
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3.5KAppellate JudgesWaiver, Ethics, Other Authorities, Inherent Authority, Truth Seeking and Let’s Add Some Poetry. It’s All in this Motion for Reconsideration at CA5.
It is abundantly clear the Burkes are well within their legal rights to cite the documents and web links which they included...
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2.3K1Federal LawThe 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...
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1.9KCFPBCFPB Issues Statement to Define “Abusive” Acts or Practices
The consumer watchdog agency, the CFPB, has power to prohibit consumer-finance practices that are “abusive”. This is new in consumer protection laws.
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1.5KCFPBFifth Circuit Finally Tells Banks that Professional Liability Insurance Doesn’t Cover Blatant Fraud, Forgery and Extortion
Judge Stephen Higginson opined for the 2-panel at the 5th Cir., and held that it was the bank’s wrongful certification to HUD...
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3.1KFederal LawThe 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...
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5.4K6Federal LawAnother 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...
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2.1K1Federal LawAll 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...
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1.9KEditors ChoiceDisabled Florida Woman Wins $4m after Jury Trial in Texas Federal Court But Now it’s Stalled
A $4m Jury Award for Disabled Florida Woman on Appeal is now on at the Fifth Circuit but it's remanded and stalled...
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3.4KFederal LawA 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...
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2.2K2Federal Law
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...
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2.9KAppellate 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...
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2.0K1Bill Of ReviewJudge Carolyn Dineen King [Mrs. Reavley] in 1988 Provided the Fifth Circuit a Precedent for Mortgage Application Fraud. In 2015, the 5th Circuit Ignored it, and Again in 2018 in Deutsche Bank v Burke
As we agree with the district court that the false statements had the capacity to influence a savings and loan institution's decision...
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3.7K2Federal 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...
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1.2KBankruptcyIt’s a Day to be Forgotten, Says the Fifth
The main bone of contention in this foreclosure case was the 126 day or 127 day tolling due to bankruptcy.This was argued...
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1.2KFifth CircuitThis Putty Didn’t Fill the Holes
Putty’s pleadings therefore failed to provide Fannie Mae with fair notice that she intended to assert a RESPA violation, and the district...
