Topic
Contract Drafting
937 published works
ContractsProf Blog
Contract Interpretation by Market Muscle: Gogo Caves and American Airlines Nonsuits
By Mark Burge
Well THAT was fast--apparently faster than Gogo's in-flight internet service. American Airlines has nonsuited (i.e., dismissed without prejudice to refilling the lawsuit) its declaratory judgment claim against Gogo. American had recently asked…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 9 – Volume 124 – Extrinsic Evidence – 3
By Barry Zalma
Extrinsic Evidence – 3 The test of admissibility of extrinsic evidence to explain the meaning of a written instrument is not whether it appears to the court to be plain…
Organizational Integrity Group Blog
DOJ Seeks Rehearing in D.C. Circuit Case, Hoping to Resurrect Liability for a Contractor’s “Objectively Reasonable” Interpretation of an Ambiguous Contract Provision
We previously reported on a D.C. Circuit case in which a three-judge panel held that when the government is silent, there is no False Claims Act (FCA) liability for a…
ContractsProf Blog
Confusing Contracts Language as Litigation Strategy?
The class action lawsuit against Uber for allegedly misclassifying its drivers as “independent contractors” instead of regular “employees” is growing in scope and importance. (O’Connor v. Uber Technologies Inc., 13-cv-03826,…
Sixth Circuit Appellate Blog
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…
ContractsProf Blog
Everyday Ambiguity
I always tell my students that no one sets out to enter into an ambiguous contract. Everyone thinks their contract is crystal-clear. Everyone thinks they've examined the problem from every…
Wiley Executive Summary
Second Circuit Rejects Use of “Factual Nexus” Test for Related Claims Analysis
The United States Court of Appeals for the Second Circuit has held, under New York law, that a related claims provision should be interpreted and applied pursuant to the “plain…
Organizational Integrity Group Blog
D.C. Circuit: When The Government Is Silent, There Is No FCA Liability For A Contractor’s “Objectively Reasonable” Interpretation Of An Ambiguous Contract Provision
In a significant win for government contractors, health care providers, and financial institutions who operate in an increasingly onerous regulatory environment, the United States Court of Appeals for the D.C.…
ContractsProf Blog
Call for Proposals and Registration Information
From our friends at Emory Law School:Emory’s Center for Transactional Law and Practice is delighted to announce its fifth biennial conference on the teaching of transactional law and skills. The…
LawSites
New Software Promises to Simplify Contract Drafting, But Only on Macs
[gallery size="large" link="file" columns="2" ids="11234,11235,11236,11237"] Two brothers -- one a lawyer, the other a software engineer -- have teamed up to create a software application they say will make the…