Gatzaros v. Sault Ste. Marie Tribe of Chippewa Indians Cert Petition

Here:

Gatzaros Cert Petition

Questions presented:

1. Whether the Majority Opinion of the United States Court of Appeals for the Sixth Circuit conflicts with the decisions of this Supreme Court and other Circuit Courts of Appeals, thereby changing the well-established rules of contract construction which require specific contract provisions govern over general provisions to resolve disputes caused by two conflicting contract provisions?

2. Whether the Majority Opinion is in direct conflict with the decisions of this Supreme Court, other Circuit Courts of Appeals and the fundamental rules of contract construction which require the application of extrinsic evidence when there is an ambiguity caused by conflicting contractual language?

3. Whether the Majority Opinion, in upholding the judicial rewriting of paragraph 8 of the Guaranty, is in direct conflict with the decisions of this Supreme Court and the other Circuit Courts of Appeals which have held the courts must give effect to contracts as written by the parties, and cannot rewrite them?

4. Whether the Majority’s failure to find the Respondents waived their contract defenses contradicts established case law in the other Circuit Courts of Appeals that a guaranty is a contract which must be enforced as written?

5. Whether the Majority’s Opinion conflicts with the well-settled standard for reviewing a Motion to Dismiss under Fed.Civ. R. 12(b)(6) when it failed to view the facts in the light most favorable to the Petitioners or accept their well-pled allegations?

Lower court materials here.