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Category: Opinions

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…

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…

Rhode Island Business Court Rules that Arbitrator Decides Arbitrability if Governing Arbitration Rules Provide that Authority

ADR
Posted on February 19, 2020February 6, 2023

Following up on last week’s discussion of who decides arbitrability, Rhode Island business court judge Richard A. Licht recently issued an opinion on the same…

Wisconsin Business Court Rules: (1) Arbitrators had Contractual Mandate to Decide Arbitrability; (2) Case Stayed as to Parties to Arbitration Agreement Only, but can Proceed Against Other Parties

ADR
Posted on February 13, 2020February 6, 2023

Wisconsin Business Court Judge Michael Aprahamian addressed the issue of whether the court or an arbitrator decides arbitrability. In this case, the role went to…

Michigan Business Court Leaves Open Possibility that Former Employer’s Conduct may Constitute Tortious Interference with Business Relations when trying to Enforce Employment Agreement’s Non-Competition Clause

Business Torts
Posted on February 6, 2020February 6, 2023

In this recent Michigan Business Court case, Judge Jon Van Allsburg addressed the interesting issue of whether a former employer might be liable for tortious…

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