We all know that courts want to read contracts as a whole to effectuate the intent of the parties. This case provides a textbook illustration of the principle. In a case arising from the bankruptcy and technology context, Cyber challenged the district court’s interpretation of its contractual agreements with Priva. The dispositive question was whether … Continue Reading
The Sixth Circuit frequently draws on canons when interpreting contract or statutory language, but the canons “are at best only rough guides.” United States v. York, 398 F.2d 582, 585 n.6 (6th Cir. 1968). The Court’s precedent provides litigants with ready responses to four of the most common canon arguments and offers guidance for those … Continue Reading
In Goodyear v. Nat’l Union Fire Ins., Goodyear sought recovery from two of its insurers for fees and costs incurred defending against an SEC investigation and a class action initiated after the company’s announcement that it would restate its earnings for certain previous years. The SEC ultimately terminated the investigation and the lawsuit was dismissed, … Continue Reading