Topic
plain meaning rule
8 published works
Government Contracts Featured Insights
Plain Meaning Interpretation in Federal Contracts
The primary method of interpreting a government contract is to determine the “plain meaning” of the disputed language. The plain meaning method is applied when the contractual language is clear…
PrawfsBlawg
Plain Meaning and Plain Speaking
Main Monday, April 04, 2022Plain Meaning and Plain SpeakingI've never given much thought to theories of statutory interpretation. But here's one that comes from being involved in some of the…
Commercial Litigation Update
Unanimous Court Applies “Plain Meaning” Approach in Bankruptcy Decision
Our colleague Stuart Gerson of Epstein Becker Green has a new post on SCOTUS Today that will be of interest to our readers: Unanimous Court Applies “Plain Meaning” Approach in…
Simple Justice
Short Take: It’s Not About Your “Humanity”
At the Bulwark, Walter Olson offers an interesting post about the trio of cases argued before the Supreme Court this week, characterizing the issue as the “surprise plain meaning” approach…
Property Insurance Coverage Law Blog
When Words Allide, Plain Meaning Wins
Navigating the Mighty Mississippi and the English language have quite a bit in common. Sometimes it takes a lot of skill and creativity to get where you want to go.…
Bankruptcy Law Insights
“Plain Meaning” Trumps Long Standing Commercial Lender Expectations in Third Circuit Philadelphia Newspapers Decision
By Ben Feder
Some cases really should not be all that difficult. However, when judges choose to divorce statutory text completely from any reference to underlying legislative intent and long standing commercial practice, inexplicable…
Litigation & Trial
A Panoply Of Cases On The Plain Meaning Rule In The Third Circuit
One of the positive parts of being involved with The Philadelphia Inquirer's bankruptcy is, though I've had to slog my way through over 1,500 separate filings (most of which are…
Litigation & Trial
Citigroup v. Wells Fargo in re Wachovia II: Does Plain Meaning Apply When The Plain Meaning Is Wrong?
The plain meaning rule is to litigators what hammers are to contractors. It may be easy to use, but since you're going to use it on every job, you need…