What's In and What's Out: Contract Interpretation in Summary Judgment

What tools can a litigant use and on what evidence can a litigant rely to interpret a contract in a motion for summary judgment? Can a litigant employ maxims of construction such as ejusdem generis and trade usage? What about earlier drafts of the contract and email negotiations between the parties about the purpose and meaning of the agreement? If the court determines that the contract is ambiguous, must the court deny the motion for summary judgment? This article, written by Markowitz Herbold attorney  Harry Wilson and published in the Oregon State Bar's Litigation Journal, will address these questions.

Originally published Fall 2015.