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Author: Douglas Toering

Article on Rhode Island Business Calendar’s Response to the Covid-19 Pandemic

Covid-19
Posted on June 8, 2020January 24, 2023

Rhode Island Business Court Judge Brian Stern has co-authored an article with Rhode Island attorney Christopher J. Fragomeni, on how the Rhode Island Superior Court’s…

Business Court Force Majeure Opinions – New York Commercial Division (Informal Pressure from Legislators can Constitute Force Majeure)

Contract Claims
Posted on May 26, 2020February 6, 2023

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…

Business Court Force Majeure Opinions – New York Commercial Division (Act of Court as an Act of Government)

Contract Claims
Posted on May 13, 2020June 19, 2023

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…

Business Court Force Majeure Opinions — Philadelphia

Contract Claims
Posted on May 8, 2020June 15, 2023

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…

Innovative Proposal to use Philadelphia’s Business Court as a Vehicle for Mediating Covid-19 Commercial Disputes

ADR
Posted on April 30, 2020June 15, 2023

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…

An Insurer Brings a Covid-19 Declaratory Judgment Action

Covid-19
Posted on April 22, 2020January 24, 2023

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”;…

Some Important Insurance Coverage Issues for COVID-19 Business Loss Claims

Covid-19
Posted on April 13, 2020January 24, 2023

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…

Rhode Island Superior Court’s COVID-19 Business Recovery Plan, and the Business Calendar’s Role in the Non-Liquidating Receivership Program

Covid-19
Posted on April 6, 2020January 24, 2023

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…

Florida Bar’s Business Law Section Unanimously Approves Proposal for Statewide Business Court

Florida
Posted on March 19, 2020January 24, 2023

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…

Using Telephones and Videoconferencing to Reduce Risk from the Covid-19 Virus

California
Posted on March 16, 2020January 24, 2023

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…

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