context: . Although the DiSabatino court did not discuss the language of the release in its opinion, the defendant in that case argued that the release barred the plaintiff's action and the court ruled that the action could proceed. Other courts have suggested that the scope of the release might be irrelevant to the plaintiff's remedies.
citation_a.signal: see
citation_a.identifier: 188 A.2d 33, 33
citation_a.parenthetical: when a plaintiff seeks to stand by a fraudulently-induced settlement agreement and sue for fraud, "it is of no importance ... what claims the release purported to discharge."
citation_a.sentence: See Bilotti, 188 A.2d at 33 (when a plaintiff seeks to stand by a fraudulently-induced settlement agreement and sue for fraud, “it is of no importance ... what claims the release purported to discharge.”); cf. Ware, 311 P.2d at 320 (defrauded tort plaintiff may "waive his right to rescind and sue to recover any damages suffered by reason of the fraud”).
citation_b.signal: cf.
citation_b.identifier: 311 P.2d 320, 320
citation_b.parenthetical: defrauded tort plaintiff may "waive his right to rescind and sue to recover any damages suffered by reason of the fraud"
citation_b.sentence: See Bilotti, 188 A.2d at 33 (when a plaintiff seeks to stand by a fraudulently-induced settlement agreement and sue for fraud, “it is of no importance ... what claims the release purported to discharge.”); cf. Ware, 311 P.2d at 320 (defrauded tort plaintiff may "waive his right to rescind and sue to recover any damages suffered by reason of the fraud”).