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Category: New York

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…

New Article on Michigan’s Business Courts after Seven Years of Experience

Georgia
Posted on January 27, 2020February 21, 2023

Douglas Toering and Ian Williamson have written an article, Business Courts in Michigan: Seven Years and Counting, on the current status of Michigan’s business courts.…

Proposed New Commercial Division Rule on Hyperlinking in Legal Memoranda

New York
Posted on January 15, 2020January 24, 2023

On December 23, 2019, New York’s Office of Court Administration (OCA) gave written notice of a proposed rule amendment permitting the Commercial Division to require…

Three 2019 Legal Research Papers on International Business Courts

Articles and Books
Posted on October 24, 2019January 25, 2023

We note three 2019 legal research papers focusing on international business courts, all including some degree of comparison with U.S. business courts. In Delaware’s New Competition, set…

Business Court Forms Re Case Management

ADR
Posted on October 21, 2019June 30, 2023

A number of business and complex litigation courts have created standardized forms for use by their judges and practitioners. We have previously posted some of…

New York Commercial Division Advisory Council Proposes New Rule on Remote Video Appearances at Court Conferences and Oral Argument

Georgia
Posted on September 17, 2019January 25, 2023

The New York Commercial Division Advisory Council has proposed a new rule on videoconferencing, and facilitating remote appearances at court conferences and oral arguments. Attached…

Bronx County Commercial Division Now Operational

New York
Posted on September 9, 2019January 25, 2023

As of September 3, 2019, New York’s Commercial Division has expanded into Bronx County.  It has been over ten years since the Commercial Division’s last…

New York Commercial Division Advisory Council Report on Business Court Benefits

New York
Posted on July 10, 2019January 25, 2023

In 2013, then Chief Judge Jonathan Lippman created the New York Commercial Division Advisory Council to provide advice “on an ongoing basis about all matters…

Map of U. S. Business Courts (May 2019)

Arizona
Posted on June 25, 2019January 25, 2023

As of May 2019, 23 states currently have operational business courts within their borders. Though not yet open for business, Wyoming’s new Chancery Court is to…

Article on the Development of International Commercial Courts

Georgia
Posted on June 5, 2019June 10, 2023

Here is a link to a very interesting paper, International Commercial Courts in the Litigation Market. This article observes the development of international commercial courts…

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