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Tour de Force: Rudolph v. United Airlines, Causation and Force Majeure

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

Tour de Force: Evolving Force Majeure Considerations One Year into the Pandemic

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

Tour de Force: When Is COVID-19 the Cause of Nonperformance?

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

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