...also Two Guys from Harrison-N.Y. v S.F.R. Realty Assoc., 63 NY2d 396, 404 [noting the applicability to contract interpretation of the doctrine of inclusio unius est exclusio alterius]). In..., against defendant-appellant Bank One for tortious interferences with contract, and plaintiff has not cross-appealed from the dismissal of that cause of action. "The best...those three conditions were satisfied, Associates might still be required to obtain plaintiff's consent. Plaintiff's position, accordingly, vitiates the principle that a contract should not be interpreted...

...."). The venerable maxim of contract interpretation expressio unius est exclusio alterius is frequently a helpful interpretive guide in situations like...the present one. See 5 Corbin on Contracts ( Interpretation of Contracts) § 24.28 at 315-16 (Margaret N. Kniffin, rev. ed. 1998) ("The maxim expressio unius est exclusio alterius...parties, it will be necessary for us to consider some fundamental principles of contract law as they relate to the responsibilities and powers of the justices of the Family Court; and, in the end, our...

...contract. The doctrine of expressio unius est exclusio alterius, used as a tool of contract interpretation "provides that where specific items are listed in a document such as a contract, any item not so...clause did not survive the termination of the contract, and in any event, the agreement did not contemplate arbitration of FLSA claims (doc. 13). Defendant has replied such that this matter is ripe for the...Court's consideration (doc. 15). II. Discussion The arbitration provision in the parties' contract states that "[a]ny claim arising out of or...

...contract interpretation "expressio unius est exclusio alterius" which provides that mention in a contract of one or more things of a class implies the exclusion of all members not so expressed. See..., this court must rely upon federal common law, including principles of contract interpretation, because the state common law of subrogation is preempted by ERISA, and ERISA itself is silent on the...court need not defer to the interpretation placed upon it by the plan administrator. The plan does not give its trustees discretion to interpret subrogation language so this court must decide de...

...their finding of any additional unexpressed terms". Apparently, the holdings in these cases are seen by the dissent as nothing more than applications of the maxim of contract interpretation "expressio unius est exclusio alterius", that...( Nichols v. Nichols, 306 N.Y. 490, 496). "It is only on the determination of the meaning of an indefinite or ambiguous contract that the construction placed...upon the contract by the parties themselves * * * is to be considered by the court and is of importance in ascertaining the contract meaning...

...) (applying the principle of expressio unius est exclusio alterius to contract interpretation); VKK Corp. v. Nat'l Football League...class arbitration is a so-called "question of arbitrability" presumptively for a court, rather than an arbitrator, to decide. Applying Missouri's arbitration and contract law, we conclude that the.... Each entered into an employment contract with Wells Fargo that included an arbitration clause. The arbitration clause in the contracts of Tucker, Dooley, Glasgold, Kelly, and LaBorde (the "Tucker...

...COURT 1. CONTRACTS — Construction of Written Contract — Ambiguous Intent of Parties — Application of Maxim Expressio Unius Est Exclusio Alterius. The maxim expressio unius est exclusio alterius is used in the interpretation and construction of a contract when...construction of a lease, "[t]he maxim, expressio unius est exclusio alterius, is an important aid in construing written instruments." [Latter emphasis added.]) The maxim expressio unius est exclusio alterius is used in the interpretation and construction of a contract when...prepayment establishes the parties' intent was not to allow prepayment on any other date and that this court should apply the maxim " expressio unius est exclusio alterius," i.e., the...

...constitute AMRE, other rules of contract interpretation must be used to determine whether § 403(b) pension plan contributions constitute AMRE. Cf. Meckert v. Transamerica Ins. Co., 763 F.2d 1071 (9th Cir.1985). B. Expressio Unius Est Exclusio Alterius Plaintiff...of expressio unius est exclusio alterius resolves this case in her favor. This rule of contract interpretation states that “to express or include one thing implies the exclusion of the other, or...parties do not address whether the three exceptions articulated in Blankenship apply here. However, courts apply contra proferentem only if other rules of contract interpretation have failed to resolve the disputed issue. Id. As discussed above, the doctrine of expressio unius est exclusio alterius resolves...

...expressio unius est exclusio alterius, a rule of contract interpretation which is defined as "expression of one thing is the exclusion of another...attached Purchaser's Agreement Concerning Trade In hereby is incorporated into this contract." Id. This Court affirmed the trial court's referral of the case to arbitration...court stated: "Under general principles of contract law, separate agreements executed contemporaneously by the same parties, for the same purposes, and as part of the same transaction, are to be...

...exclusio alterius does not yield an interpretation that the intent of the contract was to guarantee wages through April 30, 1989, in the case at bar. Alternatively, the trial...trial court's analysis of these provisions, based on its application of the principle of expressio unius est exclusio alterius, does not comport with the plain meaning of the contract terms. The...payment of wages after the Cooperative terminated the employment. In the alternative, the trial court found that the greater weight of the credible evidence justified an interpretation of the contract...

...course, we have the rule of contract interpretation that “ expressio unius est exclusio alterius—‘[T]he expression of one thing of a class implies the exclusion of others not expressed...judgment for correction of errors at law. Peak v. Adams, 799 N.W.2d 535, 542 (Iowa 2011). “Interpretation of a contract is a legal...issue unless the interpretation of the contract depends on extrinsic evidence.” Pillsbury Co. v. Wells Dairy, Inc., 752 N.W.2d 430, 435...

.... Gorman, 883 A.2d 732, 738 n.9 (R.I. 2005) (describing the "venerable maxim of contract interpretation expressio unius est exclusio alterius[:] . . . If...terms in the context of the contract as a whole." (applying Rhode Island law)). The context that recommends this reading is Section 1(a)'s non-exclusive list of covered expenses...[contract] construction that general words used in connection with and following an enumeration of particulars will, in the absence of a contrary intent, be confined to things ejusdem generis, that is...

...cost provision” which is the only section in the loss settlement provision that mentions a deductible. The general rule of contract interpretation, expressio unius est exclusio alterius, is...does not address the term “total” and therefore fails to comply with contract interpretation principles. Liberty Mutual gives no explanation how the Court can ignore the word “total.” Second, the...the deductible to ACV claims made pursuant to that Policy were based on simple contract interpretation and do not implicate the Department of Insurance's approval of Liberty Mutual's rate structure...

...the remaining bond obligations. This situation suggests the application of the contract interpretation maxim of expressio unius est exclusio alterius. Corbin on Contracts lists expressio...unius est exclusio alterius as an "additional maxim of interpretation," noting: "If the parties in their contract have specifically named one item or if they have specifically enumerated several...that even if contract language may seem to allow a broader interpretation, such a reading is inappropriate: "Although the words [in a contract] might `seem to admit of a larger sense, yet they should...

.... 2d 878, 890 (S.D. Ohio 2013) (Under Ohio law, the canon of "[e]xpressio unius est exclusio alterius" means that "if certain things are specified in a law, contract, or will, other things are impliedly excluded.") (citations and quotation marks omitted); Nat'l Fire Ins. Co. v. Roofmaster Constr., Inc., No. 04-CV-71142-DT, 2005 WL 1030326, at *10 (E.D. Mich. Apr. 28, 2005) ("The general principle of contract interpretation, expressio.... Cleveland Civil Serv. Comm'n, 946 F.2d 1233, 1235 (6th Cir. 1991) (citation omitted). B. Contract Interpretation "Under Ohio law, the interpretation of...est exclusio alterius, holds that a specific mention of one thing implies an intent to exclude another.") By...

...2004 Non-Competition Agreement. Thus, employing the maxim of contract interpretation stating that "inclusio unius est exclusio alterius (the inclusion of one is the exclusion of another...dispensed with the statutory notice here inasmuch as the issue presented "rested entirely upon the construction and interpretation of an unambiguous contractual provision . . . [that] exclusively involve[d...last day of [plaintiff's] employment by [defendant] or any affiliate of" defendant. "It is well settled that a contract must be read as a whole to give effect and meaning to every...

...of contract interpretation that inclusio unius est exclusio alterius, it is clear from the language of the agreement that Jackson has waived the right to appeal all aspects of his sentence...agreement is, at bottom, a contract between the criminal defendant and the government. Therefore, we adhere to the principals of contract law in the interpretation of plea agreements. Id. "Ambiguity...in a plea agreement, as in any other type of contract, is construed against the drafter." Id. (citing United States v. Henry, 758 F...

...rationally derived from the terms of the CBA. The CBA is a contract, and expressio unius est exclusio alterius is a common and accepted method of contract interpretation. The Arbitrator was...extra days worked but did not provide a mechanism to deduct pay for fewer days worked, the Arbitrator applied the principle expressio unius est exclusio alterius...own interpretation of the contract language for that of the arbitrator. Thus, we find that in this very limited context, a review of...

.... But see Cofman v. Acton Corp., 958 F.2d 494, 497 (1st Cir. 1992) (applying " inclusio unius est exclusio alterius"). The interpretation urged by BFI contravenes not only the governing rules of contract construction...bargaining agreement requires the parties to arbitrate a particular dispute is a matter of contract interpretation entrusted in the first instance to trial court determination...subject to arbitration because no slowdown occurred. We affirm on the ground that the underlying contract dispute addressed by the district court must be submitted to arbitration in accordance with the CBA...

...mandated by the maxim of contract interpretation expressio unis est exclusio alterius (to express or include one thing implies the exclusion of the alternative). See, e.g., VKK Corp. v. Nat'l...assessments and required to pay the expenses of those appeals. Sierra argues that the Debtors' interpretation defeats the intentions of the parties to the contract and would bestow a windfall on the Debtors..., 235 F.3d 845, 847 (3d Cir. 2000) (citations omitted). In this case, the parties' dispute hinges on the interpretation of the various agreements between them. The...