Tag Archives: contract interpretation

All contract Provisions Contribute to the Intent of the Parties

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

Sixth Circuit Precedent Offers Responses To Four Common Interpretive Canon Arguments

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

Sixth Circuit Reaffirms Strict Reading of Liability Insurance Contracts

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
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