Abry Partners V, L.P. v. F & W Acquisition LLC

How courts have described this case

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

• holding that the phrase “relating to” caused a contract provision to govern both “contract claims that might arise among the parties” and “claims in tort seeking rescission” of the agreement
• noting that “murky integration clauses, or standard integration clauses without explicit anti-reliance representations, will not relieve a party of its oral and extra-contractual fraudulent representations.”
• explaining that the relevant question is whether parties may “premise a contract on defined representations but promise in advance to accept a less-than-adequate remedy if one of them has been induced by lies about one of those material facts”
• enforcing disclaimers of reliance when contract is “the product of give-and-take between commercial parties who have the ability to walk away freely”
• “the common law ought to be especially chary about relieving sophisticated business entities of the burden of freely negotiated contracts”
• “[T]his court consistently has respected the law’s traditional abhorrence of fraud in implementing this reasoning.”

Source: CourtListener parenthetical corpus (CC0).