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5th Circuit

Janvey v. The Golf Channel, Inc.

Citation: 
Fifth Circuit; No. 13-11305
Ruling: 
The Golf Channel extended marketing services and advertising to the Stanford International Bank Ponzi scheme and was paid $5.9 million under its agreement with Stanford. Subsequently, the District Court in the Northern District of Texas appointed a receiver over Stanford ...
Judge(s): 
Reavley, Elrod and Southwick
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Houston v. Queen

Citation: 
Case: 14-30512
Ruling: 
Under Fifth Circuit jurisprudence, the Rooker–Feldman doctrine barred Plaintiffs' action as they were (1) state-court losers; (2) alleging harm caused by a state-court judgment; (3) that was rendered before the district court proceedings began; and (4) requesting review and reversal ...
Judge(s): 
Before SMITH, PRADO, and OWEN, Circuit Judges.
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Wheeler v. Collier (In the Matter of Wheeler)

Citation: 
Case No. 14-30961 (5th Cir. Mar. 4, 2005)
Ruling: 
Fifth Circuit VACATED district court order insofar as it issued criminal sanctions and enjoined law firm because the minute entry was not sufficient notice that the hearing was being held for purpose of issuing criminal contempt sanctions or injunction. The ...
Judge(s): 
Smith, Prado and Owen, Circuit Judges
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Baker v. Baker (In the Matter of Baker)

Citation: 
No. 14-10569 (non-precedential)
Ruling: 
Fifth Circuit AFFIRMED lower courts' rulings that bankruptcy court could exercise jurisdiction to interpret and enforce its own prior sale order. District Court further did not commit err by affirming bankruptcy court's denial of the motion to amend a ...
Judge(s): 
KING, DAVIS, and OWEN (per curiam)
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Ratliff Ready-Mix, L.P. v. Pledger

Citation: 
Ratliff Ready-Mix, L.P. v. Pledger, No. 14-50023, --- Fed. Appx. ---, 2015 WL 294829 (5th Cir. Jan. 23, 2015)
Ruling: 
The Fifth Circuit affirmed the bankruptcy and district courts, holding that section 523(a)(4) of the Bankruptcy Code did not render the debt owed by the former president and CEO of a general contractor to a concrete subcontractor notwithstanding the fact ...
Judge(s): 
Stewart, Chief Judge, and Jones and Higginson, Circuit Judges
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Trang v. Taylor Bean & Whitaker Mortgage Corp.

Citation: 
Case No. 14-50281 (5th Cir. Jan. 7, 2015)
Ruling: 
AFFIRMED district court refusal to remand case because non-diverse defendant was improperly joined as there was no reasonable basis for the district court to predict that the plaintiff might be able to recover against defendant. The Fifth Circuit also affirmed ...
Judge(s): 
Circuit Judges King, Jolly and Haynes.
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U.S.A. v. Stanley

Citation: 
5th Circuit Opinion of Dec. 12, 2014 in Case No. 13-60704 -Not Published
Ruling: 
All four rulings of the District Court were upheld: (1) Debtor's argument that the government was required to appeal his discharge in his prior bankruptcy proceedings, resulting in estoppel or issue preclusion, was waived as the Debtor had failed to raise ...
Judge(s): 
Fifth Circuit Court Judges King, Dennis and Clement
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Morton v. Yonkers (In the Matter of Vallecito Gas, LLC)

Citation: 
Harvey Morton, Trustee v. Yonkers, et. al; No. 13-10926
Ruling: 
Chapter 11 trustee could not void overriding royalty interests in a gas lease on lands belonging to the Navajo Nation based solely on the fact that the Navajo Nation had not approved the transfers of overriding royalty interests. The trustee ...
Judge(s): 
Jolly, Jones and Africk
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Orrill, Cordell, & Beary, LLC v. Kaye (In the Matter of Kaye)

Citation: 
Case No. 13-31123 (5th Cir. Nov 17, 2014)
Ruling: 
Dismissed for lack of jurisdiction because District Court order not final since it required additional fact finding by Bankruptcy Court.
Judge(s): 
Davis, Clement, and Costa, Per Curiam
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Holt Texas v. Zayler (In the Matter of T.S.C. Seiber Services)

Citation: 
--- F.3d ---, Case No. 13-41153 (5th Cir. Nov. 3, 2014)
Ruling: 
REVERSED judgment of the District Court: "Simply depositing interpleader funds does not automatically mean that the funds have been legally accepted, ownership thereof transferred, and the interpleader relieved of further duty to the court or further obligation to the ...
Judge(s): 
Jolly, Southwick and Haynes; Opinion by E. Grady Jolly
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