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Category: Opinions

Delaware Business Court Remains Active During Covid-19

Delaware
Posted on August 18, 2021February 6, 2023

We note today that the Delaware Superior Court’s Complex Commercial Litigation Division has posted 59 opinions since January 1, 2021. The webpage linking to each…

Pittsburgh Business Court finds Insurer Owes Coverage for Covid-19 Business Losses

Covid-19
Posted on April 12, 2021February 6, 2023

Judge Christine Ward of Pittsburgh’s Commerce and Complex Litigation Center recently granted summary judgment against an insurer that had denied business loss coverage arising out…

North Carolina Business Court’s 2020 Annual Report

North Carolina
Posted on March 8, 2021February 6, 2023

North Carolina’s Administrative Office of the Courts has issued its 2020 annual report on North Carolina’s Business Court.  A copy of the report can be…

NEW YORK COMMERCIAL DIVISION FINDS NO INSURANCE COVERAGE FOR DAMAGES BASED ON BUSINESS CLOSURE ORDER ISSUED BY STATE GOVERNMENT

Covid-19
Posted on February 22, 2021February 6, 2023

Nassau County Commercial Division Judge Timothy Driscoll recently found that a movie theater did not have insurance coverage for business losses, based on a COVID-19…

Las Vegas Business Court Permits Covid-19 Business Interruption Insurance Coverage Suit to Proceed

Covid-19
Posted on December 7, 2020February 6, 2023

Las Vegas Business Court Judge Mark R. Denton issued an order last week denying an insurer’s efforts to dismiss a Covid-19 business interruption insurance coverage…

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…

ABA Business and Corporate Litigation Committee Publishes 2020 Edition of Recent Developments in Business and Corporate Litigation

American Bar Association
Posted on June 10, 2020February 6, 2023

The ABA Section of Business Law’s Business and Corporate Litigation Committee has just published the 2020 edition of Recent Developments in Business and Corporate Litigation. …

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…

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