Lindgren v. Berg’s Empirical Analysis

Citation profile

2 federal appellate · 4 district · 6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Parties to a contract, particularly parties who, as here, are represented by lawyers in negotiating and drafting the contract, should be allowed to allocate the actual risks of the contract as they see fit. The likelihood of a misunderstanding between parties is greatly reduced where each party is represented by a lawyer. "Applying the law to the facts in this case, the record shows that each of the parties received independent legal advice with regard to their rights and to the advisability of entering into the settlement agreement and release. Their lawyers participated in negotiating and drafting the agreement and release. * * * The agreement and release, which are clear and unambiguous on their face, record the terms of exchange as negotiated by the parties. The broadly worded release expressly encompasses claims arising from `fraud, non-disclosure, [or] misrepresentations,' all transactions related to the Mall, and all relationships between plaintiffs and Berg. "* * * * * "[The release] covers claims of which plaintiffs might not have been aware, even claims for undisclosed fraud. The active participation of plaintiffs' lawyer in negotiating and drafting the agreement and release and reviewing them with plaintiffs before plaintiffs signed them, undercuts plaintiffs' argument that Berg fraudulently induced the release. We decline to hold, as plaintiffs urge, that a party who is represented by a lawyer in a commercial transaction may never release another party from claim”

   1 later decision quote this exact passage
   e.g. 120 Or. App. 264 - Ristau v. Wescold, Inc.

2. “"[Plaintiffs] do hereby release * * * [defendants] * * * from any and all actions, causes of action, claims, damages or demands for damages, * * * which [plaintiffs] ever had or now has or later may have arising out of or in any way related to [various transactions] * * *, violation of any federal, state or other securities law, fraud, nondisclosure, misrepresentation, [plaintiffs] or Global's participation in any partnership with [defendants] in their capacity as managing joint venturer of any partnership [plaintiff's] or Global's relationship to [defendants] in their capacity as shareholders, officers or directors of Global, or [plaintiff's] or Global's relationship to Berg or Crosswhite or Rumpakis in any capacity whatsoever." 307 Or. at 659 , 772 P.2d 1336 .”

   1 later decision quote this exact passage
   e.g. 120 Or. App. 264 - Ristau v. Wescold, Inc.

3. “[Plaintiffs] do hereby release * * * [defendants] * * * from any and all actions, causes of action, claims, damages or demands for damages, * * * which [plaintiffs] ever had or now has or later may have arising out of or in any way related to [various transactions] * * *, violation of any federal, state or other securities law, fraud, nondisclosure, misrepresentation, [plaintiffs] or Global's participation in any partnership with [defendants] in their capacity as managing joint venturer of any partnership [plaintiff's] or Global's relationship to [defendants] in their capacity as shareholders, officers or directors of Global, or [plaintiff's] or Global's relationship to Berg or Crosswhite or Rumpakis in any capacity whatsoever.”

   1 later decision quote this exact passage
   e.g. 120 Or. App. 264 - Ristau v. Wescold, Inc.