Stewart v. Eyman

How courts have described this case

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

• holding that “[i]nvestors are not free to ignore ‘storm warnings’ which would alert a reasonable investor to the possibility of fraudulent statements or omissions in his securities transaction.”
• recognizing assertion of limitations bar to federal securities claim as affirmative defense for which defendants bear the burden of proof
• noting that, in analogous federal actions, plaintiffs cannot ignore “storm warnings” that would “alert a reasonable investor to the possibility of fraudulent statements or omissions in his securities transaction”
• recognizing assertion of limitations bar to federal securities claim as affirmative defense for which defendants bear the burden of proof
• entering summary judgment sua sponte when an insurer’s duty to defend was argued at length to the district court
• finding summary judgment for nonmovant appropriate where there had been a full and fair opportunity to develop the record and issue was argued in parties’ briefs

Source: CourtListener parenthetical corpus (CC0).