Court grapples with balance between contractual freedom and intolerance for fraud

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted December 13, 2022 11:23 AM

Reviewing opinions that “have grappled with the balance between contractual freedom and an intolerance for fraud,” a Delaware judge concluded that the anti-reliance and nonrecourse provisions in an agreement governing the sale of three companies did not block the buyer from suing three of the seller’s executives for fraud involving contractual representations and warranties.AmeriMark Interactive bought three direct mail marketing companies from AmeriMark Holdings for $322.5 million. It closed the deal in time to reap the …

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