Topic
Contract Drafting
937 published works
Delaware Corporate & Commercial Litigation Blog
Chancery Agrees with Fiat on Formula to Buy Chrysler Shares
Fiat North America, LLC v. UAW Retiree Medical Benefits Trust, C.A. No. 7903-VCP (Del. Ch. July 30, 2013). Issue Addressed: How to interpret the formula in the call option agreement…
The Appellate Strategist
Florida High Court Precludes Use of Extrinsic Evidence to Construe Ambiguous Policy Language
In a controversial 4-3 decision, the Florida Supreme Court in Washington National Insurance Corp. v. Ruderman, No. SC12-323, 2013 WL 3333059 (Fla. July 3, 2013), held that ambiguous language…
CALIFORNIA ATTORNEY'S FEES
Bankruptcy/Fee Clause Interpretation: Broadly Worded Fees Clause Rescues The Day For Winning Creditor
CCP § 1021, Not Civil Code § 1717, Afforded Relief. In re Charalambous (Hamilton v. Charalambous), BAP No. CC-13-1042-PDKi (BAP 9th Cir. Mem. Decision July 3, 2013) (unpublished) is an…
Employment Class and Collective Action Update
Arbitrator’s Interpretation of a Contract Permitting Class Arbitration Does Not Run Afoul of the FAA
The U.S. Supreme Court, with Justice Elena Kagan writing for an unanimous Court, ruled that an arbitrator did not exceed his powers under § 10(a)(4) of the Federal Arbitration Act ("FAA") when he allowed for class arbitration…
ContractsProf Blog
Dean Irma S. Russell, A Review of A Manual of Style for Contract Drafting
Irma S. Russell is Dean and Professor of Law at the University of Montana School of Law.Kenneth Adams’ recently released third edition of A Manualof Style for Contract Drafting, is a hefty…
ContractsProf Blog
Daniel Barnhizer Reviews Ken Adams’ Manual of Style for Contract Drafting (3d ed.)
Daniel D. Barnhizer is Professor of Law & The Bradford Stone Faculty Scholar, Michigan State University College of Law. Kenneth Adams’ thirdedition to the Manual of Style for Contract Drafting[1] (“ContractDrafting”) delivers…
ContractsProf Blog
Coming Next Week: Two Guest Posts on Kenneth Adams’ Contracts Drafting Style Manual
Next week, we will have two guests posts reviewing Kenneth A. Adams, A Manual of Style for Contract Drafting (3d ed.).From the book's website:With A Manual of Style for Contract Drafting,…
British Columbia Insurance Blog
Subcontractors may not benefit from a third party lease.
Defendant construction company could not benefit from a clause in a lease between the plaintiff lessee and a third party lessor requiring plaintiff to obtain construction insurance to defeat a…
Ahead of Schedule
A Contract Means What It Says: Construction Manager Awarded Equitable Fee Increase in Idaho
By Tamara Boeck
A reminder from the Idaho Supreme Court for parties to a construction contract: the plain language of the parties’ contract governs the obligations between them in the absence of ambiguity. …
In Solvency
Sportsman’s Warehouse Reminds Us of Basic Contract Interpretation Principles
By Fox Rothschild LLP, Fox Rothschild LLP
Summary In a 25 page opinion published February 7, 2013, Judge Sontchi applied black-letter contract interpretation principles in conjunction with the bankruptcy rules in holding that a landlord was not…