Echoing the Texas Supreme Court’s skepticism about Wikipedia as a source in D Magazine Partners, LP v. Rosenthal, 529 S.W.3d 429 (Tex. 2017), the Fifth Circuit held that the Wayback Machine was not a proper subject of judicial notice
Corporate & Commercial
Barred Wells Fargo Broker Scott Reed Accused of Selling Investments Without Firm’s Permission
A former customer of Scott Reed, an ex-Wells Fargo Clearing Services broker, has filed a FINRA arbitration claim. The investor claims Reed made them invest more than $2M in unapproved investments. This resulted in the broker making hundreds of thousands…
“[G]as is not a fruit …”
By David Coale
Lost Book Value Not Foreseeable
By David Coale
In Hadley v. Baxendale, 8 Exch. 341, 156 Eng. Rep. 145 (1854), the Court of Exchequer held that a miller’s lost profits, arising from the late delivery of a replacement shaft for a steam engine in the mill, were…
Suspended Delta Securities Broker Sean Casterline Allegedly Sold Away to Customers
Florida Financial Advisor Sold Tuscan Gardens Growth and Income Fund Securities
Did you lose money while working with Delta Securities Company registered representative, Sean Donovan Casterline? If so, you may have grounds for pursuing damages. The longtime Florida financial advisor…
Deal With Juries in 2022? Listen to This Podcast!
By David Coale
By popular demand, the nationally respected jury consultant Jason Bloom returns to the “Coale Mind” podcast after his insightful interview last year about the restart of jury trials after the 2020 quarantines. In this new 2022 episode, he discusses…
Case Information ≠ Claim Made
By David Coale
A high-profile case about a child’s gruesome accident produced considerable media coverage, but the insurer’s awareness of that coverage did not satisfy the insurance policy’s “claim” requirement: “The fact that [the insured] became aware of media reports about Braylon’s injuries…
Have you Heard of the Promoting Competition in the American Economy Executive Order?
President Joe Biden issued Executive Order 14036 on July 9, 2021. Titled “Promoting Competition in the American Economy,” the order included 72 initiatives geared at tackling what the President asserts to be the most pressing competition issues the U.S. economy…
TCPA: not “based on or in response to . . . “
By David Coale
In Soo v. Pletta, the Fifth Court affirmed the denial of a TCPA motion, finding an insufficient connection between the allegedly protected activity and the lawsuit, and noting:
- Case law about the previous version of the TCPA, which required
…
Senior Investors Say Seeman Holtz Reneged On Paying Them Millions
Boca Raton Insurance & Financial Services Firm Accused of Ponzi Scam
Many senior investors say that Seeman Holtz failed to pay out millions of dollars upon the maturity of their investments.
These investors contend that they had expected to make…