Supreme Court Splits on Contract Interpretation Issue

A majority of the Delaware Supreme Court recently ruled that a settlement agreement contained an enforceable obligation to negotiate in good ...

A Supreme Court Lesson in Contract Interpretation - Berliner Cohen

Although the Supreme Court routinely applies exhaustive textual analysis to the words of a statute or regulation, it is rare for them to get ...

The End of Chevron Deference - Government Contracts Insights

Contract Interpretation Disputes. The U.S. Court of Appeals for the Federal Circuit has long evaluated contractual ambiguities using traditional ...

The Supreme Court's Double Hammer to Agencies: Loper Bright ...

The Court granted certiorari in Empire Health to resolve a circuit split on how to interpret a provision of the Medicare statute. Even though ...

Congressional Court Watcher: Circuit Splits from September 2024

The U.S. Courts of Appeals for the 13 “circuits” issue thousands of precedential decisions each year. Because relatively few of these ...

Supreme Court delivers significant contractual interpretation decision

The Court reached a unanimous position on law as it should apply to those issues, although the Court was split 2:3 on the result on the facts of ...

The Supreme Court Holds That Federal Courts Must Interpret ...

The Supreme Court Holds That Federal Courts Must Interpret Collective Bargaining Agreements in Accordance with “Ordinary Contract Principles;” ...

Delaware Supreme Court Confirms That “and” Is a Word of Many ...

Last year we explained how a word as common as the conjunction “and” could be subject to different interpretations in a contract.

SCOTUS Rules on Circuit Splits on Arbitration

Supreme Court Considers Arbitrability Based on Conflicting Contracts · District Courts May Not Dismiss Cases Referred to Arbitration Upon a ...

A matter of interpretation – the Supreme Court look at contractual ...

(2) The court must consider the contract as a whole and, depending on the nature, formality and quality of its drafting, give more or less ...

U.S. Supreme Court May Soon Discard or Modify Chevron Deference

First, the court must assess whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is ...

The Contract Clause: Reawakened in the Age of COVID-19

... Court's interpretation of the Contract Clause. Courts ... Federal courts of appeals are split on this issue, and the Supreme Court's ...

The United States Courts of Appeals: Background and Circuit Splits ...

be had, may be reviewed by the Supreme Court” when the state case involves an issue of federal law). ... Supreme Court decisions interpreting ...

US Supreme Court Clears Up the Stay/Dismissal Circuit Split

For some time, there has been a federal circuit split on whether a district court may dismiss a case where a dispute is subject to ...

amicus brief - Supreme Court of the United States

Interpretation of Contracts ... at 1102. Page 26. 18. C. The third approach—courts decide nonsignatory issues where the agreement does not clearly ...

Significant contractual interpretation case in the Supreme Court

In a forthcoming decision, the Supreme Court has signalled that it may clarify the position on significant issues of contractual interpretation.

Supreme Court Resolves Circuit Split: Federal Arbitration Act ...

In a recent decision, the United States Supreme Court held that Section 3 of the Federal Arbitration Act requires a court to stay a ...

Supreme Court Resolves Circuit Split Over Arbitration Clauses in…

The panel majority characterized the dispute as a labor case, not an arbitration case, holding that the agreement was invalid because it ...

Split 5 to 4, Supreme Court Deals a Blow to Class Arbitrations

The justices ruled that an arbitration clause in an employment contract barred workers from banding together to pursue privacy claims.

The Effect of Circuit Splits on the Interpretation of Federal Criminal Law

"[W]hen neither the Supreme Court nor [we have] resolved an issue, and other circuits are split on it, there can be no plain error in regard to ...