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Summaries by J Newman
- Summarized by J Newman , Newman & Newman
- 3 months 1 week ago
- Citation:
- Case: 20-20572 (5th Circuit, Jul 12,2021) Published
- Case Status:
- Affirmed
- Ruling:
- A creditor disputes last-minute modifications to the terms of a bankruptcy sale. The Court ruled that § 363(m) forecloses the creditor’s appeal because it failed to seek the required stay of the...
- Judge(s):
- Jolly, Duncan, and Oldham, Circuit Judges
- Tag(s):
-
- Summarized by J Newman , Newman & Newman
- 1 year 1 month ago
- Citation:
- 19-30791 (5th Circuit, Sep 02,2020) Published
- Case Status:
- Affirmed
- Ruling:
- For the last seven years, Christopher Martin Ridgeway and his former employer have waged scorched-earth lawfare against one another. Ridgeway has lost every battle and incurred millions of dollars...
- Judge(s):
- Smith, Ho, and Oldham
- Tag(s):
-
- Summarized by J Newman , Newman & Newman
- 1 year 1 month ago
- Ruling:
- Madison and Kantrow, Spaht, Weaver & Blitzer (the Firms) sued Leslie Fox to enforce the terms of the parties’ contingency fee agreement. Fox argued that the agreement was unenforceable because,...
- Judge(s):
- Barksdale, Haynes, and Willett
- Tag(s):
-
- Summarized by J Newman , Newman & Newman
- 1 year 2 months ago
- Citation:
- 19-20358 (5th Circuit, Jul 30,2020) Published
- Case Status:
- Affirmed
- Ruling:
- AFFIRM the judgment as to the merits of Elbar’s claims denying all relief requested and REMAND for the district court to explain the exceptional circumstances or to order prejudgment interest....
- Judge(s):
- Elrod, Sothwick and Haynes
- Tag(s):
-
- Summarized by J Newman , Newman & Newman
- 1 year 4 months ago
- Citation:
- No. 19-51047 (5th Circuit, Jun 17,2020) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Court DISMISSED the appeal for lack of jurisdiction over the orders denying Stone’s emergency motion to set aside foreclosure sale and the order denying the imposition of stay and AFFIRMED...
- Judge(s):
- KING, GRAVES, and WILLETT
- Tag(s):
-
- Summarized by J Newman , Newman & Newman
- 1 year 7 months ago
- Citation:
- No. 19-20492 (5th Circuit, Feb 26,2020) Published
- Case Status:
- Affirmed
- Ruling:
- Hill bears the burden of proof in this case. To establish an abuse of discretion, Hill must show that the bankruptcy court failed to apply the proper legal standard or followed improper procedures...
- Judge(s):
- Before DENNIS, GRAVES and WILLETT, Circuit Judges.
- Tag(s):
-
- Summarized by J Newman , Newman & Newman
- 1 year 10 months ago
- Ruling:
- it is for the arbitrator—not (the court)—to decide whether Willis’s TILA claim is arbitrable. It is similarly the arbitrator’s province to resolve the inconsistent procedural terms....
- Judge(s):
- OWEN, Chief Judge, SMITH and DENNIS, Circuit Judges
- Tag(s):
-
- Summarized by J Newman , Newman & Newman
- 2 years 3 months ago
- Citation:
- . 18-20394 (5th Circuit, Jul 11,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- A chapter 7 trustee was not deprived of standing to sue defendants for misappropriation of trade secrets, even though the trustee's court-approved sale agreement with a third-party buyer purported...
- Judge(s):
- HAYNES, GRAVES, and DUNCAN,
- Tag(s):
-
- Summarized by J Newman , Newman & Newman
- 2 years 4 months ago
- Ruling:
- AFFIRM the district court’s judgment of dismissal as to Counts 5, 8,
11, and 12. However, it REVERSED the dismissal of Counts 1–4, 6, 9, and 10 and REMAND
- Judge(s):
- ELROD, HIGGINSON, and ENGELHARDT, Circuit Judges
- Tag(s):
-
- Summarized by J Newman , Newman & Newman
- 2 years 5 months ago
- Citation:
- No. 18-60368 (5th Circuit, May 01,2019) Published
- Case Status:
- Affirmed
- Ruling:
- AFFIRM the district court’s judgment affirming the bankruptcy court’s decision granting the Trustee’s motion to approve auction and for authority to sell certain real property of the...
- Judge(s):
- STEWART, Chief Judge, and DAVIS and ELROD, Circuit Judges
- Tag(s):
-
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