News & Analysis as of

Ambiguous

Health Care Compliance Association (HCCA)

The emerging battle over 'objective reasonableness' in False Claims Act cases

CT Magazine (June 2022) - The Medicare and Medicaid programs are exceedingly complex, and navigating the myriad statutes, regulations, rules, and guidance presents significant challenges for all healthcare providers and...more

Littler

Ontario, Canada Appeal Court Decides Non-competition Clause in Employment Agreement Governed by Common Law is Unenforceable

Littler on

In M & P Drug Mart Inc. v. Norton, 2022 ONCA 398, the Court of Appeal for Ontario (OCA) dismissed an employer’s appeal of an application judge’s decision that a non-competition clause in an employment agreement governed by...more

Farrell Fritz, P.C.

Narrow Escape of Expedited Judgment Under CPLR 3213 Due to Ambiguous Guaranty

Farrell Fritz, P.C. on

As readers of this blog are aware the CPLR 3213 motion for summary judgment in lieu of complaint can be a powerful tool to secure an expedited judgment, “meld[ing] pleading and motion practice into one step, allowing a...more

Schlam Stone & Dolan LLP

Ambiguous Lease Clause Could Entitle Commercial Tenant to Rent Abatement During COVID Period

On February 24, 2022, the First Department issued a decision in Schulte Roth & Zabel LLP v. Metropolitan 919 3rd Avenue LLC, 2022 N.Y. Slip Op. 01261, holding that a clause in tenant-law firm Schulte Roth & Zabel's commercial...more

Jones & Keller, P.C.

The Importance of Contract Language

Jones & Keller, P.C. on

Several years ago, unclear, ambiguous, and inconsistent contract language (not to mention some bizarre lawyer shenanigans) cost the owner of the Los Angeles Dodgers one-half of the team in divorce proceedings...more

Epstein Becker & Green

Podcast: Chevron Deference: Is It Time for Change? - Diagnosing Health Care

Epstein Becker & Green on

This term, the Supreme Court of the United States is set to rule in a Medicare reimbursement case that has sparked a fresh look at the historical deference often granted to agencies and whether it should remain, be modified,...more

McGuireWoods LLP

6th Circuit Rules Nonsensical Contract Clause Does Not Equate to Ambiguity

McGuireWoods LLP on

In Hall v. Rag-O-Rama, LLC, the U.S. Court of Appeals for the 6th Circuit affirmed the decision of a district court that rejected Sally Hall’s breach of contract claims based on a poorly worded contract provision. The 6th...more

Onna Technologies, Inc.

Emoji in eDiscovery: What legal professionals need to know

Onna Technologies, Inc. on

That pondering face. The nauseated face. The laugh so hard you’re crying emoji. While emoji are not a new phenomenon, the rise in distanced collaboration has brought these tiny expressions to a usage all-time high as they...more

Wiley Rein LLP

California Court Finds Insolvency Exclusion Ambiguous, Limits Application to Insolvency of Third Parties Other Than Claimant

Wiley Rein LLP on

A California federal district court, applying California law, has held that an insolvency exclusion in a bankers’ professional liability policy did not bar coverage for a lawsuit filed by a receiver against a bank, finding...more

Lewitt Hackman

Franchisor 101: Inhospitable Forum Selection Clause

Lewitt Hackman on

A hotel franchisee brought a class action lawsuit in Louisiana federal court on behalf of Louisiana franchisees. The franchisor moved to transfer the action to Georgia, based on the mandatory forum selection clause in the...more

McDermott Will & Emery

It’s Not Esoteric: Absent Ambiguity, Plain Contractual Language Governs

McDermott Will & Emery on

Rudimentary principles of contract law stipulate that words in a contract that are plain and free from ambiguity must be understood in their usual and ordinary sense. Applying such principles, the US Court of Appeals for the...more

Farrell Fritz, P.C.

New York Yankees Up to Bat in the Commercial Division Against Former Minor League Affiliate

Farrell Fritz, P.C. on

A few weeks ago, my colleague, Madeline Greenblatt, wrote a blog about a $1.75 million breach of contract action brought against Bob Dylan in the Manhattan Commercial Division. In her blog, Madeline reminded practitioners...more

Lewitt Hackman

Franchisee 101: Real Estate Amendment Not Up to Interpretation

Lewitt Hackman on

A franchisee sued real estate franchisor Century 21 for a declaration whether the franchisee could end its franchise agreement early despite a provision that deleted the franchisee’s early termination right. Noting the...more

Faegre Drinker Biddle & Reath LLP

Business or Residential? Ambiguity Surrounding Number on Do Not Call Registry Can Defeat Class Certification

In an interesting decision from the District Court of Oregon, United States Magistrate Judge Youlee Yim You recommended granting a motion to deny class certification where uncertainty about the appropriate classification of a...more

Gray Reed

Ambiguity Foils Right of Way Agreement

Gray Reed on

The central issue in the Texas case of Cook v. Cimarex Energy Co.: Did Cook grant Cimarex a right of way across Cook’s land to the location of two Cimarex wells. No he didn’t. Reversing the trial court, the court of appeals...more

Bradley Arant Boult Cummings LLP

Contract Language Matters, Even to Uncle Sam - Construction and Procurement Law News, Q1 2021

No one can escape the basic rules of contracting, even the federal government. If the contract is clear and unambiguous, then the four corners of the agreement set the rules for the project and the parties – and there’s not...more

BakerHostetler

[Podcast] Agency Deference in State Tax Cases (and UNO rules)

BakerHostetler on

Courts notoriously give deference to state tax agencies in interpreting tax laws. But is the tide changing for taxpayers? Matt Hunsaker puts Georgia's Taxpayer Fairness Act into context....more

Smith Debnam Narron Drake Saintsing & Myers,...

Ambiguous Language in Validation Notice Creates Disputed Issue of Material Fact on Meaningful Attorney Involvement Claim

The U.S. District Court for the Eastern District of New York recently denied cross-motions for summary judgment on a debtor’s claim that a law firm’s validation notice constituted a meaningful attorney involvement violation...more

Jackson Lewis P.C.

Ambiguous Offer Of Judgment Cannot Support Attorney’s Fees Award, Georgia Court Of Appeals Holds

Jackson Lewis P.C. on

An unaccepted offer of judgment that contains internal inconsistencies and ambiguities as to its scope is neither enforceable nor supports an award of attorney’s fees under Georgia’s Rule 68. Reversing a trial court’s...more

Vinson & Elkins LLP

Texas Supreme Court Decision Impacts Royalty Payment Calculations: Postproduction Costs And Free-Use Clauses

Vinson & Elkins LLP on

Aided by terms of art and a long history of precedent, parties entering an oil and gas lease can generally choose from common, time-tested clauses to serve their needs. Yet we know from practice that royalties and allocating...more

Bradley Arant Boult Cummings LLP

False Claims Act 2020 Year in Review

This year saw substantial activity in FCA settlements and litigated court cases. Although no single case or development dominated the discourse this year, several important court decisions were issued, including two that may...more

Gray Reed

Texas Supreme Court Deems Continuous Development Clause Ambiguous

Gray Reed on

In Endeavor Energy Resources, L.P. v. Energen Resources Corp. et al. the Supreme Court of Texas construed a continuous development clause in an oil and gas lease covering 11,300 acres in Howard County. After the primary term,...more

Gray Reed

Contaminated Butane and Propane Creates Fight Over General Terms and Conditions

Gray Reed on

Enterprise Products Operating v. Trafigura, A G. asks, Who should pay when a “black blob” that had “the stench of a skunk” was left behind after $27 million worth of an odorless product is delivered from a ship?...more

McGlinchey Stafford

The Bullet Point: Ohio Commercial Law Bulletin: Is my Agreement Ambiguous? Volume 4, Issue 20

McGlinchey Stafford on

G Challenges to Arbitration Award- Hughes v. Hughes, 10th Dist. Franklin No. 19AP-865, 2020-Ohio-5026- In this appeal, the Tenth Appellate District affirmed the trial court’s decision and confirmed an arbitration award... ...more

Downs Rachlin Martin PLLC

VSC Rules "Date Of Loss" Not Ambiguous

Brillman v. New England Guaranty Ins. Co., 2020 VT 16 (Feb. 21, 2020) - In this insurance coverage decision, the Vermont Supreme Court determined that the “date of loss,” which starts the clock running on the one-year...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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