No Reliance

In Finite Utility Consulting, L.L.C. v. Tawa Supermarket, Inc., the Fifth Circuit affirmed summary judgment against a supermarket chain’s misrepresentation claims against its former energy broker, noting:

• No justifiable reliance. “Tawa first relies on the alleged promise of a fixed all-in price. But the LOA and accompanying emails expressly described the all-in figure as an estimate and disclaimed a guaranteed supplier rate. An estimate of future
  charges is not the definite promise that promissory estoppel requires.”
• No actual reliance. “Tawa next invokes Finite’s promise to conduct a ‘full Commercial and Legal review’ of the supply agreement. Even assuming a sufficiently definite promise and deficient review, Tawa identifies no detrimental change in position attributable to it. The only comparative evidence shows that the resulting arrangement reduced Tawa’s energy costs. And Finite’s later statement about ‘appropriate reimbursement’ came after Tawa signed the supply agreement; Tawa identifies no new action it took in reliance on that statement.”

No. 25-20396 (5th Cir. Aug. 4, 2026).