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CHAPTER 10. SANCTIONS FOR FRIVOLOUS PLEADINGS AND MOTIONS. Sec. 10.001. SIGNING OF PLEADINGS AND MOTIONS. The signing of a pleading or motion as required by the Texas Rules of Civil Procedure constitutes a certificate by the signatory that to the signatory's best knowledge, information, and belief, formed after reasonable inquiry:
Merely reciting that Civil Code section 1542 is waived, or that the parties intend to waive unknown claims, is not sufficient. There must be independent evidence that the releasing party intended to release unknown claims.
16 Νοε 2014 · A 1542 waiver is a blanket waiver that, if signed, wipes out any future claims you could bring against a defendant, regardless of whether you knew you could. It is a waiver of not only the known injury and damages you suffered, but also the unknown and any future injury and damages.
15 Νοε 2023 · Civil Code section 1542 provides, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in — November 15, 2023.
6 Αυγ 2019 · Answer. Robert Paul Osgood. Government Attorney in Springfield, IL. 3 reviews. Rating: 6.9. View Profile. Posted on Aug 6, 2019. You might want to repost your question to Texas lawyers. Legal Consult Recommended.
24 Ιαν 2019 · Senate Bill No. 1431 ("SB 1431") amended Section 1542, effective January 1, 2019, to clarify that the release of unknown claims applies to the "releasing party" and the "released party," and is not limited to a "creditor" and a "debtor" as provided in the former version of the statute.
30 Απρ 2014 · I am not aware of a specific waiver clause in Texas law. However, there is court precedent as to what does and does not constitute waiver. So, as the others have stated. It is not something you should undertake without counsel.
