July 11th, 2024
The Shoultz Law Firm Blog
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2w ago
US Court of Appeals for the Fifth Circuit Opinions United States v. Jaquez Docket: 23-40348 Opinion Date: July 10, 2024 Judge: Leslie H. Southwick Areas of Law: Criminal Law Salvador Jaquez was convicted by a jury of conspiracy to transport an undocumented alien and transporting or attempting to transport an undocumented alien within the United States. The charges stemmed from an incident where Jaquez was found in a truck with undocumented aliens hidden in a trailer. The truck was intercepted by Border Patrol agents near Laredo, Texas, after being detected by surveillanc ..read more
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July 10th, 2024
The Shoultz Law Firm Blog
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2w ago
US Court of Appeals for the Fifth Circuit Opinions Gibson, Inc. v. Armadillo Distribution Enterprises, Inc. Docket: 22-40587 Opinion Date: July 8, 2024 Judge: Carl E. Stewart Areas of Law: Business Law, Intellectual Property, Trademark This case involves a dispute between Gibson, Inc., a Delaware corporation, and Armadillo Distribution Enterprises, Inc., a Florida corporation, along with Concordia Investment Partners, L.L.C. Gibson, a well-known guitar manufacturer, brought trademark-infringement and counterfeiting claims against Armadillo and Concordia, alleging that t ..read more
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July 01st, 2024
The Shoultz Law Firm Blog
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3w ago
Louisiana Supreme Court Opinions PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS VS. BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY Docket: 2023-C-01396 Opinion Date: June 28, 2024 Judge: Weimer Areas of Law: Animal / Dog Law, Government & Administrative Law The case involves a series of public records requests made by People for the Ethical Treatment of Animals (PETA) to Louisiana State University (LSU) seeking records related to the use and treatment of wild songbirds in the labs of Dr. Christine Lattin, an associate professor at LSU. After LSU failed to produce t ..read more
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April 23rd, 2024
The Shoultz Law Firm Blog
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3w 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
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March 19th, 2024
The Shoultz Law Firm Blog
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3w ago
USA v. Schorovsky Docket: 23-50040 Opinion Date: March 15, 2024 Judge: Willett Areas of Law: Criminal Law In 2022, Richard Schorovsky pleaded guilty to being a felon in possession of a firearm, violating 18 U.S.C. § 922(g)(1). He had prior convictions in Texas for felony robbery, aggravated robbery, and burglary of a habitation. The district court determined these previous convictions were "violent felonies" committed on separate occasions, qualifying Schorovsky for sentence enhancement under the Armed Career Criminal Act (ACCA). He was sentenced to the ACCA’s mandatory ..read more
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April 23rd, 2024
The Shoultz Law Firm Blog
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3M 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
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March 06th, 2024
The Shoultz Law Firm Blog
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4M 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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4M 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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4M 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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4M 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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