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Category: Covid-19

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

Contract Claims
Posted on May 26, 2020

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, 2020

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, 2020May 8, 2020

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, 2020

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, 2020April 25, 2020

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, 2020April 25, 2020

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, 2020August 7, 2020

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…

Using Telephones and Videoconferencing to Reduce Risk from the Covid-19 Virus – Updated With Additional Courts Orders and Directives

California
Posted on March 16, 2020April 25, 2020

[This is an update of our Saturday, March 14, 2020, post concerning the Covid-19 virus and court appearances by lawyers in non-trial matters.] Some of…

The Covid-19 Virus: Using Telephones and Videoconferencing to Reduce Risk

Articles
Posted on March 14, 2020April 21, 2020

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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