The Shoultz Law Firm Blog
5 FOLLOWERS
Covers posts on Intellectual Property, Civil Procedure, Criminal Law, Personal Injury, and more. The Shoultz Law Firm provides high-quality and dedicated legal representation in civil and criminal matters in Houma - Thibodaux, and throughout Louisiana.
The Shoultz Law Firm Blog
15h ago
US Court of Appeals for the Fifth Circuit Opinions
Bustamante-Leiva v. Garland
Docket: 22-60479
Opinion Date: April 19, 2024
Judge: Jennifer Walker Elrod
Areas of Law: Immigration Law
Sandra Beatriz Bustamante-Leiva and her three children, natives and citizens of Honduras, entered the United States illegally near Hildalgo, Texas. They were charged with removability under 8 U.S.C. § 1182(a)(6)(A)(i) for not possessing valid documentation at the time of entry. Bustamante-Leiva applied for asylum, withholding of removal, protection under the Convention Against Torture, and ..read more
The Shoultz Law Firm Blog
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
The Shoultz Law Firm Blog
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
The Shoultz Law Firm Blog
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
The Shoultz Law Firm Blog
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
The Shoultz Law Firm Blog
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
The Shoultz Law Firm Blog
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
The Shoultz Law Firm Blog
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
The Shoultz Law Firm Blog
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
The Shoultz Law Firm Blog
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