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Ken Berman Authors ‘Illegitimate Rules of Construction’ in Litigation Journal
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In the summer 2023 Litigation Journal, the American Bar Association published Nutter Partner Ken Berman’s article: “Illegitimate Rules of Construction.” In the article, Ken discusses the traps of outmoded canons that courts follow when construing contracts and why the rules on resolving contractual ambiguities should be replaced with updated, more honest rules about how to decide, and who decides, what a contract means. Ken concludes, “If courts would take an inventory of the deadwood, perhaps they would throw out the rules that can no longer be considered legitimate and leave us with the ones that produce better outcomes.”
Ken is a regular columnist for Litigation Journal. His columns appear under the banner “On Reconsideration.”
