Released.

At issue in Robinson v. Boral Windows LLC was the scope of a release, which addressed “any and all actions … from the beginning of time to the present, including any and acts or omissions occurring to date … specifically includ[ing] without limitation all matters arising out of … the Employment Agreement ….”  After a comprehensive review of case law involving similar terms, the Fifth Court held:

• The release was not limited to the identified Employment Agreement, given the other, broader language in the release;
• For similar reaons, the release included claims based on two other instruments, even thought they were not specificaly identified in the release;
• The release extended to a successor-in-interest to one of the parties, by operation of law and because it had a standard “all predecessors, successors [and] assigns” clause.

No. 05-22-01184-CV (June 10, 2024) (mem. op.).