The force majeure defense, and related defenses like impossibility, impracticability and frustration of purpose, are becoming commonplace in the Covid-19 era. While prior case law…
Author: Douglas Toering
A recent article in Philadelphia’s Legal Intelligencer posits using the Philadelphia Commerce Court as a vehicle for implementing an early and aggressive commercial mediation program…
Covid-19 coverage suits against insurers are expanding daily. We recently summarized some key litigation issues concerning the “Exclusion of Loss Due to Virus or Bacteria”;…
COVID-19 is a potential $1,000,000,000,000+ catastrophe for businesses. Insurance coverage demands for COVID-19 business interruption losses are exploding. Many insurers are denying coverage, and insureds’ lawsuits…
On March 31, 2020, Rhode Island Superior Court Presiding Justice Alice Bridget Gibney issued an Administrative Order creating the “COVID-19 Business Recovery Plan”. A copy…
In 2018, the Florida Bar’s Business Law Section created a Business Courts Task Force to study the potential for a statewide business court. Florida currently…
Some of the risk the Covid-19 virus poses to litigators, judges, and court personnel can be remedied with non-medical technology. Putting aside the more complicated…
On February 22, 2020, Wisconsin’s Supreme Court issued an order expanding Wisconsin’s Commercial Docket Pilot Project to two additional trial level sets of courts. Under…
Following up on last week’s discussion of who decides arbitrability, Rhode Island business court judge Richard A. Licht recently issued an opinion on the same…
Wisconsin Business Court Judge Michael Aprahamian addressed the issue of whether the court or an arbitrator decides arbitrability. In this case, the role went to…