First Data POS, Inc. v. Willis

How courts have described this case

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

• holding that a merger clause forecloses RICO claims that are based upon allegedly fraudulent conduct
• holding that in a non-rescission case a contractual disclaimer may bar a fraud claim based on a pre-contract promise that directly contradicts the terms of the written contract
• holding that “in an arm’s length business transaction, pre-contractual representations are superceded by a valid contractual merger clause, and cannot form the basis of post-contractual claims of theft by deception, fraud, or misrepresentation”
• holding that “in an arm’s length business transaction, pre-contractual representations are superceded by a valid contractual merger clause, and cannot form the basis of post-contractual claims of theft by deception, fraud, or misrepresentation”
• holding as a matter of law that a valid merger clause precludes any subsequent claim for deceit based on pre-contractual representations
• stating that when a merger clause is in place “all prior negotiations, understandings, and agreements on the same subject are merged into the final contract, and are accordingly extinguished”

Source: CourtListener parenthetical corpus (CC0).