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The Shoultz Law Firm Blog
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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
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
The Shoultz Law Firm Blog
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
The Shoultz Law Firm Blog
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
The Shoultz Law Firm Blog
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
The Shoultz Law Firm Blog
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
The Shoultz Law Firm Blog
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
The Shoultz Law Firm Blog
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
The Shoultz Law Firm Blog
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
The Shoultz Law Firm Blog
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
The Shoultz Law Firm Blog
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