Fundamental Portfolio Advisors, Inc. v. Tocqueville Asset Management, L.P.

How courts have described this case

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

• stating that a waiver “should not be lightly presumed” and requires “a clear manifestation of intent” (internal quotation omitted)
• explaining that proponent of waiver bears the “burden of proving as a matter of law” that any “initial waiver . . . continued” as the nature of the parties’ relationship evolved
• “Generally, the existence of an intent to forgo … a [contractual] right is a question of fact.”
• waiver “should not be lightly presumed” and “must be based on a clear manifestation of intent” to relinquish a right
• “[W]aiver .. . must be based on a clear manifestation of intent to relinguish a contractual protection.” (cleaned up)
• contractual rights may be abandoned by either affirmative conduct or a failure to act so as to evince an intent not to claim a purported advantage

Source: CourtListener parenthetical corpus (CC0).