Patrick R. McDonald and James P. Rode v. Kinder-Morgan, Inc., Formerly Known as Kn Energy, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that an issue has not been preserved when it falls under the same general category as an argument presented at trial
• stating that forfeiture and waiver apply to a “new theory on appeal that falls under the same general category as an argument presented at trial” (quoting Lyons, 994 F.2d at 722)
• holding arguments not raised before the trial court are waived, whether a “bald-faced new issue or a new theory on appeal that falls under the same general category” (internal citation omitted)
• stating that, in the context of the Exchange Act, “a duty to disclose arises only where both the statement made is material, and the omitted -fact is material to the statement in that it alters the meaning of the statement.”
• declining to address an argument when a party has “explicitly disclaimed any such argument” on appeal
• “It is clear in this circuit that absent extraordinary circumstances, we will not consider arguments raised for the first time on appeal.”

Source: CourtListener parenthetical corpus (CC0).