The Supreme Court held that a defendant’s acts to prevent a foreign plaintiff from collecting on an overseas arbitration award in the U.S. may give rise to a civil RICO claim.
The Court held that whether there is a U.S....more
In a recent decision, causation proved to be a determinative factor in the viability of multiple claims subject to the same force majeure clause.
District judge rules that broad interpretation of United Airline’s “Force...more
As the pandemic has evolved, so too has the number and complexity of the questions arising in force majeure disputes. Regardless of whether a party is seeking to invoke, or defend against invocation of, a force majeure...more
A recent decision from the Southern District of New York may pave the way for broader excuse of performance in COVID-19 force majeure litigation after finding the pandemic is a “natural disaster” that is beyond the parties’...more
1/25/2021
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Art Auctions ,
Bankruptcy Court ,
Breach of Contract ,
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Coronavirus/COVID-19 ,
Force Majeure Clause ,
License Agreements ,
Natural Disasters ,
Real Estate Transactions
As COVID-19-related force majeure litigation continues to arise in both common and civil law jurisdictions, we take a first look at the approach to force majeure in civil law jurisdictions as compared to the common law...more
Real estate litigation and landlord-tenant disputes continue to dominate the COVID-19 force majeure litigation landscape. Meanwhile, several COVID-related cases are teed up for judicial decisions implicating force majeure...more
What impact, if any, does a force majeure clause (or absence of one) have on common law excuse doctrines such as impossibility and frustration of purpose?
A party who chooses to omit a force majeure clause from a contract...more
While COVID-19 has steadily increased the amount of force majeure litigation, certain industries—such as travel and real estate—have seen a disproportionate number of cases filed.
The aviation and commercial real estate...more
Causation in the context of force majeure, and how causation considerations may impact force majeure claims in the COVID-19 era.
In most states, the force majeure event must have proximately caused the delay or deficiency...more
This client alert discusses whether the economic fallout of COVID-19 constitutes a force majeure event...
Historically, courts have typically found that sudden economic downturns do not constitute force majeure events....more
This client alert will discuss the contours of the term “Act of God” and briefly cover new developments in case law regarding the doctrine of force majeure.
Historically, “Act of God” was defined to encompass sickness, but...more
The force majeure doctrine has heightened significance in a post-COVID-19 world.
This first alert in a series examines the history and contours of the force majeure doctrine and its resurgence in application due to the...more
As of June 2, the Commercial Division of the New York Supreme Court will allow for the accelerated adjudication of commercial disputes. Rule 9 of Section 202.70(g) of the Uniform Rules for the Supreme and County Courts takes...more