Home » 5th Circuit

Trang v. Taylor Bean & Whitaker Mortgage Corp.

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 11 years 2 months ago
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...
Judge(s):
Circuit Judges King, Jolly and Haynes.
Tag(s):

U.S.A. v. Stanley

  • Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
  • 11 years 3 months ago
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...
Judge(s):
Fifth Circuit Court Judges King, Dennis and Clement
Tag(s):

Morton v. Yonkers (In the Matter of Vallecito Gas, LLC)

  • Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
  • 11 years 4 months ago
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...
Judge(s):
Jolly, Jones and Africk
Tag(s):

Holt Texas v. Zayler (In the Matter of T.S.C. Seiber Services)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 11 years 5 months ago
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...
Judge(s):
Jolly, Southwick and Haynes; Opinion by E. Grady Jolly
Tag(s):

Williams v. Fed Deposit Ins Corp. (In the Matter of Positive Health Mgmt)

  • Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
  • 11 years 5 months ago
Citation:
Fifth Circuit; No. 12-20687
Ruling:
In a fraudulent conveyance case, "value" under 11 USC 548(c) is measured by the value that the transferee gave up as its side of the bargain-not the transferor's gain-in determining the "good...
Judge(s):
Stewart, Weiner and Costa
Tag(s):

Thaw v. Moser (In the Matter of Thaw)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 11 years 5 months ago
Citation:
Case No. 14-40108 (5th Cir. October 13, 2014)
Ruling:
AFFIRMED district and bankruptcycourt ruling that forced sale of non-debtor spouse's homestead interest was not a taking under the Fifth Amendment of the United States Constitution entitling the...
Judge(s):
King, Graves, and Higginson, Circuit Judges
Tag(s):

Endeavor Energy Resources, L.P. v. Heritage Consolidated, LLC

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 6 months ago
Citation:
Endeavor Energy Resources, L.P. v. Heritage Consolidated, LLC., 5th Cir. Court of Appeals, No. 13-10969, September 16, 2014
Ruling:
The 5th Circuit Court of Appeals affirmed the 5th Circuit District Court’s dismissal of Drillers’ constructive trust and equitable lien claims. The 5th Circuit Court of Appeals reversed and...
Judge(s):
STEWART, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges Opinion Authored by JENNIFER WALKER ELROD, Circuit Judge:
Tag(s):

Janvey v. Brown et al.

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 11 years 6 months ago
Citation:
--- F.3d --- (5th Cir. 2014) [No. 13-10266 c/w 13-10272 c/w 13-10276 c/w 13-10279]
Ruling:
Fifth Circuit AFFIRMED partial summary judgment in favor of the Stanford receiver on TUFTA claims against “net winner” investors. Most notably, the Fifth Circuit agreed that only the false...
Judge(s):
HIGGINBOTHAM, CLEMENT, and HIGGINSON. Opinion by HIGGINBOTHAM.
Tag(s):

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