March 06th, 2024
The Shoultz Law Firm Blog
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1M ago
Chase v. Hodge Docket: 23-50297 Opinion Date: March 5, 2024 Judge: Southwick Areas of Law: Business Law, Contracts This case is focused on a business dispute regarding the formation and ownership of a limited liability company. The plaintiff contends that he had an agreement with the defendant to have equal ownership in the business. However, the company was allegedly improperly formed with the defendant as the sole owner. The plaintiff alleges that this resulted in a breach of contract. The district court ruled in favor of the defendant, citing the statute of limitations ..read more
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February 13th, 2024
The Shoultz Law Firm Blog
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1M ago
US Court of Appeals for the Fifth Circuit Opinions United States v. Silva Docket: 22-30821 Opinion Date: February 12, 2024 Judge: Wilson Areas of Law: Criminal Law, Immigration Law In this case, the United States Court of Appeals for the Fifth Circuit addressed an appeal by Evaristo Contreras Silva, a Mexican citizen who was convicted of possession of a firearm by an illegal alien under 18 U.S.C. § 922(g)(5). Silva entered the United States unlawfully and was detained by the Department of Homeland Security (DHS) in 2018. He was informed of his illegal status and given a ..read more
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February 01st, 2024
The Shoultz Law Firm Blog
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1M ago
US Court of Appeals for the Fifth Circuit Opinions Raymond James & Assoc v. Jalbert Docket: 23-30040 Opinion Date: January 30, 2024 Judge: Douglas Areas of Law: Bankruptcy, Business Law In this case, Louisiana Pellets (LAP) built a wood processing facility but encountered financial issues that led to bankruptcy. LAP pursued Chapter 11 bankruptcy and a bankruptcy judge confirmed a Chapter 11 plan along with a liquidating trust agreement. Under the agreement, LAP transferred its remaining assets and causes of actions to the trust. More than a year after the creation of ..read more
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January 23rd, 2024
The Shoultz Law Firm Blog
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1M ago
US Court of Appeals for the Fifth Circuit Opinions Briar Capital Working Fund v. Remmert Docket: 22-20536 Opinion Date: January 22, 2024 Judge: James L. Dennis Areas of Law: Bankruptcy The United States Court of Appeals for the Fifth Circuit addressed an unprecedented issue in its circuit regarding the sale of preference claims arising under 11 U.S.C. § 547, in the context of Chapter 11 bankruptcy proceedings. The court was required to decide whether such claims could be sold and if the purchaser had the standing to pursue them. The case was initiated by South Coast Su ..read more
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January 09th, 2024
The Shoultz Law Firm Blog
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1M ago
Johnson v. Board of Supervisors of LSU Docket: 22-30699 Opinion Date: January 8, 2024 Areas of Law: Civil Rights, Labor & Employment Law In this case, the United States Court of Appeals for the Fifth Circuit reviewed an appeal by Carolyn Johnson, an African-American female who worked at Louisiana State University Health Sciences Center (LSUHSC) as an Administrative Coordinator. Johnson alleged that she experienced sexual and racial harassment as well as retaliation from her former employer, LSUHSC. The harassment claims were based on a specific incident involving a colle ..read more
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January 05th, 2024
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1M ago
Here are the new laws that are now in effect in Louisiana​ www.wdsu.com/article/new-laws-taking-effect-jan-1-in-louisiana/46245866 ..read more
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December 21st, 2023
The Shoultz Law Firm Blog
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1M ago
USA v. Schultz Docket: 22-11039 Opinion Date: December 20, 2023 Areas of Law: Criminal Law Between November 2020 and February 2021, Adam Joseph Schultz and his co-conspirators engaged in a scheme to fraudulently obtain vehicles using stolen login credentials from car dealerships. They purchased and paid for these vehicles with the dealerships' money and then used the purchase documents to pick up the vehicles. Schultz pleaded guilty to one count of conspiracy to commit wire fraud. He was sentenced to 120 months in prison, which he appealed. This case was heard by the United S ..read more
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December 14th, 2023
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1M ago
USA v. Jackson Docket: 22-10803 Opinion Date: December 13, 2023 Areas of Law: Criminal Law, Government & Administrative Law ​ In the case before the United States Court of Appeals for the Fifth Circuit, the appellant, Brian Jackson, challenged the sufficiency of the evidence supporting his guilty plea for attempted interference with commerce by robbery in violation of 18 U.S.C. § 1951(a). Jackson and two co-conspirators had attempted to rob a convenience store, and in the course of the incident, the store was closed for about three hours, causing it to lose $600 in potenti ..read more
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December 09th, 2023
The Shoultz Law Firm Blog
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1M ago
Louisiana Supreme Court Opinions STATE OF LOUISIANA VS. JOSE M. SAGASTUME Docket: 2022-K-01824 Opinion Date: December 8, 2023 Areas of Law: Criminal Law In this case, the Supreme Court of Louisiana reviewed a conviction for domestic abuse battery involving strangulation. The defendant, Jose Sagastume, was found guilty by a unanimous jury and sentenced to three years imprisonment with two years suspended, followed by two years of probation. The defendant appealed his conviction, arguing that the trial court erred in denying his challenges for cause against two potential juror ..read more
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December 06th, 2023
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1M ago
USA v. Villarreal Docket: 19-40811 Opinion Date: December 5, 2023 Areas of Law: Criminal Law This case involves Rolando Villarreal who pleaded guilty to being a felon in possession of a firearm. His sentence was enhanced under the Armed Career Criminal Act (ACCA) due to a prior burglary and two prior aggravated assaults. Villarreal challenged the enhancement under 28 U.S.C. § 2255, arguing that his sentence was improperly enhanced under the ACCA's elements or force clause based on the predicate offense that allowed conviction for reckless conduct, a claim subsequently termed ..read more
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