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Summaries by J. Newman
- Summarized by J. Newman , Newman & Newman
- 6 years 2 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
- 6 years 7 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
- 6 years 8 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
- 6 years 10 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):
-
- Summarized by J. Newman , Newman & Newman
- 6 years 10 months ago
- Citation:
- No. 18-10090 (5th Circuit, Apr 10,2019) Published
- Case Status:
- Affirmed
- Ruling:
- The court first consider the choice-of-law issue. The court rejected the Nurseries’ arguments that the district court erred
in determining the law applicable to the parties’ lien dispute. On...
- Judge(s):
- SMITH, DUNCAN, and ENGELHARDT, Circuit Judges.
- Tag(s):
-
- Summarized by J. Newman , Newman & Newman
- 6 years 11 months ago
- Citation:
- 16-60728 (5th Circuit, Mar 06,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Court held that Shelton made material misrepresentations when
he applied for insurance in January 2013 regarding the Tyler matter. Accordingly, under Mississippi law, Imperium is entitled to...
- Judge(s):
- JOLLY, JONES, and HAYNES
- Tag(s):
-
- Summarized by J. Newman , Newman & Newman
- 7 years 1 week ago
- Citation:
- 18-31011 (5th Circuit, Feb 18,2019) Not Published
- Case Status:
- Affirmed
- Ruling:
- As the bankruptcy court held, Free’s retention of Turkey Creek Appraisal’s profits after James Winborne’s death was intentional, willful, and malicious. Miller v. J.B. Abrams, Inc. (In re...
- Judge(s):
- KING, SOUTHWICK, and ENGELHARDT, Circuit Judges.
- Tag(s):
-
- Summarized by J. Newman , Newman & Newman
- 7 years 1 month ago
- Ruling:
- Code impairment is not the same thing as plan impairment. Because the bankruptcy court found otherwise, it did not address whether the Code disallows the Make-Whole Amount or post-petition...
- Judge(s):
- DAVIS, ENGELHARDT, and OLDHAM, Circuit Judges
- Tag(s):
-
- Summarized by J. Newman , Newman & Newman
- 7 years 6 months ago
- Citation:
- No. 17-50746 (5th Circuit, Jul 11,2018) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Fifth Circuit found that "even assuming that Bennett properly requested leave to amend, he did not file a proposed amended complaint in accordance with Local Rule 7015 for the Western District...
- Judge(s):
- DAVIS, HAYNES, and DUNCAN, Circuit Judges.
- Tag(s):
-
- Summarized by J. Newman , Newman & Newman
- 7 years 11 months ago
- Ruling:
- REVERSE the bankruptcy court’s decision to reduce UTSA’s share of the net proceeds and AFFIRM its decision to reduce Woodlark’s proof of claims. REMAND for further proceedings consistent with...
- Judge(s):
- HIGGINBOTHAM, PRADO, and HIGGINSON, Circuit Judges
- Tag(s):
-
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