FOREST OIL CORP. v. McALLEN

No. 06-0178.

268 S.W.3d 51 (2008)

FOREST OIL CORPORATION and Daniel B. Worden, Petitioners, v. James Argyle McALLEN, El Rucio Land and Cattle Company, Inc., San Juanito Land Partnership, and McAllen Trust Partnership, Respondents.

Supreme Court of Texas.

Decided August 29, 2008.

Rehearing Denied November 14, 2008.


Attorney(s) appearing for the Case

Geoffrey L. Harrison, Johnny W. Carter, Richard Wolf Hess, Susman Godfrey LLP, Houston, TX, Mitchell C. Chaney, Aaron Pena Jr., Rodriguez Colvin Chaney & Saenz, L.L.P., Brownsville, TX, Neil E. Norquest, Rodriguez, Colvin, Chaney & Saenz, L.L.P., Edinburg, TX, for Petitioners.

Jon Christian Amberson, Larissa Janee Hood, Jon Christian Amberson, P.C., John F. Carroll, San Antonio, TX, Rolando Cantu, Rolando Cantu & Associates, P.L.L.C., McAllen, TX, Craig T. Enoch, David Scott Morris, Winstead Sechrest & Minick P.C., Austin, TX, for Respondents.

Joseph R. Knight, Baker & Botts, L.L.P., Austin, TX, for Amicus Curiae.


Justice WILLETT delivered the opinion of the Court, in which Justice HECHT, Justice O'NEILL, Justice WAINWRIGHT, Justice BRISTER, Justice GREEN, and Justice JOHNSON joined.

This commercial contract case asks whether an unambiguous waiver-of-reliance provision precludes a fraudulent-inducement claim as a matter of law. Here, sophisticated parties represented by counsel in an arm's-length transaction negotiated a settlement agreement that included clear and broad waiver...

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