Icon Hd v. National Sports Opportunity Partners

Summary

The Court affirmed summary judgment dismissing ICON HD’s claims against Kuntz because the settlement agreement plainly released claims against him. It reversed summary judgment for NSOP because the agreement’s exception for claims involving unnamed third parties is reasonably susceptible to competing interpretations, creating a factual issue. The Court also held the district court improperly considered res judicata because the defendants did not plead that affirmative defense.