Recently I wanted to find out more about use of expert testimony to resolve contract ambiguity. (Remember, ambiguity arises when a contract provision is capable of expressing two or more inconsistent meanings.) So I consulted Walter R. Lancaster & Damian D. Capozzola, Expert Witnesses in Civil Trials. I learned that “it remains a basis for objection [to expert testimony] that … Read More
[Updated 2:30 p.m. ET to incorporate Vance’s version (see his comment).] Below are five versions of a sentence, with the only difference being the order in which the components are arranged. I listed the first four in the order in which I preferred them at the time of posting, from most preferred to least. The fifth is the version proposed … Read More
A tipster with a sense of humor sent me a link to an opinion of the Minnesota Court of Appeals, Borth v. Borth, No. A21-0571, 2022 WL 90612 (Minn. Ct. App. Jan. 10, 2022) (here). This dispute involves our old friend, syntactic ambiguity. I’m not about to go into the details, because to stay sane, I have to ration the … Read More
If there’s one thing I’ve learned, it’s that you’d have to look far and wide to find a judge who has a clue about commas. Thanks to the opinion in ECB USA, Inc. v. Chubb Insurance Co. of New Jersey, No. 20-20569-CIV, 2021 WL 5989230 (S.D. Fla. Dec. 17, 2021) (PDF here), we have further reason for despair in that … Read More
Yesterday I saw a post on LinkedIn that mentioned Sullivan v. Abraham, a 2016 opinion of the Texas Supreme Court (PDF here). The LinkedIn post mentions that the opinion involved a serial comma, so of course I had to check it out. Unfortunately, this opinion offers another example of a court that’s inept at textual interpretation. As such, it’s worth … Read More
Recently I did this post prompted by an exchange with a reader. That exchange started with my reader asking this question: How do you stay on top of contract dispute cases that deal with imprecision of language, as you discuss on your website? Are there certain search terms you use in Westlaw? I have tried to search for cases, but … Read More
The legal profession is afflicted by systemic problems, some urgent, some chronic. But here’s one you might not be aware of: it appears that many judges are ill-equipped to perform basic textual interpretation. Such a generalization has to be grounded in specifics, so let’s look at a recent opinion issued by the Minnesota Court of Appeals, State v. Khalil, No. … Read More
I noted with interest this item by Howard Bashman about a program at the 2019 Appellate Judges Education Institute (AJEI) Summit entitled “Thinking Like a Linguist.” As Howard describes it, “the program offered an introduction to the field of linguistics and its past and potential future uses in resolving legal disputes.” But it was actually about a narrower topic—corpus linguistics, … Read More
As I noted in this 2017 post, there’s something compelling about disputes over a comma. A tip from reader Martin Clausen alerted me to another dispute featuring a comma. It’s described in this National Post article about a recent case before the Ontario Superior Court of Justice, Austin v. Bell Canada (PDF here). It involves a dispute over the rate … Read More
Bryan Garner is a big name in legal lexicography, litigation writing, and guidance on general English usage. He has a new book out, on contract drafting. It’s called Garner’s Guidelines for Drafting and Editing Contracts, and it’s not good. But first, why write a review? Because using any reference work requires a leap of faith, and book reviews help readers … Read More
