Gallagher v. Lenart

How courts have described this case

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

• concluding “waiver of a workers’ compensation lien must be more explicitly and affirmatively stated in a settlement agreement and cannot simply be implied by a lack of any reference to that lien”
• concluding “waiver of a workers’ compensation lien must be more explicitly and affirmatively stated in a settlement agreement and cannot simply be implied by a lack of any reference to that lien”
• “A presumption exists against provisions that easily could have been included in the contract but were not.”
• “A presumption exists against provisions that easily could have been included in the contract but were not.”
• “a court cannot alter, change or modify the existing terms of a contract or add new terms or conditions to which the parties do not appear to have assented”
• “a court cannot alter, change or modify the existing terms of a contract or add new terms or conditions to which the parties do not appear to have assented, write into the contract something which the parties have omitted or take away something which the parties have included”

Source: CourtListener parenthetical corpus (CC0).