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Category: Contract Claims

North Carolina Business Court Annual Report for 2022

Business Torts
Posted on February 8, 2023

On February 1, 2023, the North Carolina Administrative Office of the Courts issued its mandatory 2022 Report on the North Carolina Business Court.  A copy…

Indiana Commercial Court Treatise and Modified Indiana Commercial Court Handbook

ADR
Posted on February 3, 2023

In late October 2022, Indiana’s Commercial Court Committee published a treatise for use in Indiana Commercial Court litigation; and within the last few days the…

Indiana’s Business Court Issues Covid-19 Decisions (1) Enjoining Tenant from Abandoning the Premises and (2) Prohibiting Landlord from Locking Out Tenant for Unpaid Rent

Contract Claims
Posted on September 3, 2020February 6, 2023

In two Covid-19 pandemic cases, the Marion County Indiana Commercial Court, located in Indianapolis, issued opinions in connection with commercial leases.  Simon Property Group is…

Three Opinions from New York’s Commercial Division Addressing Covid-19 Issues

Banking and Lending
Posted on August 31, 2020February 6, 2023

New York Commercial Division judges have issued a number of Covid-19 related opinions during the pandemic. Commercial Reasonableness During Covid-19 In D2 Mark LLC v.…

Three Michigan Business Court Cases Weighing Covid-19 as a Factor in Reaching their Decisions

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

 Covid-19 Caused Failure to have Affidavit Notarized and Discovery Delays In this Michigan Business Court case, there is an issue whether an affidavit was defective…

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…

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