· 10/3/2005
Mbia Insurance Corporation Wells Fargo Bank Minnesota, N.A., as Trustee of Sfc Grantor Trust, Series 2000-1, Sfc Grantor Trust, Series
Citations
- 426 F.3d 204
- 2005 U.S. App. LEXIS 21392
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that, even where a risk is “so obvious,” an individual’s prior “experience and knowledge” makes it more likely that he will “realize[]” that risk
- observing that, 1 -even where a risk is “so obvious,” an individual’s prior “experience and knowledge” makes it more likely that he will “realize[]” that risk
- applying Delaware law and predicting that “when sophisticated parties have inserted clear anti-reliance language *** Delaware’s highest court will enforce it to bar a subsequent fraud claim”
- where contractual language is unambiguous, extrinsic evidence may not be used to interpret parties’ intent, vary the terms of the agreement or create an ambiguity
- “[WJhere the party does not even know the ‘true nature’ of what it is signing, it is unsurprising that the standards for effective waiver would be stricter, if waiver is possible at all.”
- “[W]here the party does not even know the ‘true nature’ of what it is signing, it is unsurprising that the standards for effective waiver would be stricter, if waiver is possible at all.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Alito, McKEE, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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