We previously wrote about limited, civil immunity created by North Carolina’s May 4, 2020 COVID-19 Recovery Act (Session Law 2020-3) for three types of businesses: (1) health care facilities and providers, (2) essential...more
We previously wrote about the contract defenses that business may rely on when an epidemic or government orders impairs contractual performance and recently analyzed these defenses under California, Colorado, Florida,...more
We previously wrote about the contract defenses that business may rely on when an epidemic or government orders impairs contractual performance and recently analyzed the force majeure defense under Georgia, North Carolina,...more
We previously wrote about the contract defenses that businesses may rely on when an epidemic impairs contractual performance, and we recently analyzed force majeure clauses under California, Colorado, Delaware, Florida,...more
We previously wrote about the contract defenses that business may rely on when an epidemic or government orders impairs contractual performance (here and here) and recently analyzed the force majeure defense under Georgia,...more
We previously wrote about the contract defenses that business may rely on when an epidemic or government orders impairs contractual performance and recently analyzed the force majeure defense under Georgia, North Carolina,...more
We previously wrote about the contract defenses that business may rely on when an epidemic or government orders impairs contractual performance and recently analyzed the force majeure defense under Georgia, North Carolina,...more
In light of the public health emergency, the Secretary of Health and Human Services has issued a Notice of Declaration providing immunity from legal liability for activities relating to combatting the new coronavirus. Under...more
Force majeure, which means superior force, is a defense to a failure to perform contractual obligations because of an “act of God” event or some other event beyond the parties’ control. The COVID-19 pandemic has caused, and...more
Force majeure defenses excuse performance because of an “act of God” event. Where a contract dispute arises because of the COVID-19 pandemic, force majeure defenses will likely play a key role in determining whether a failure...more
The COVID-19 pandemic has presented virtually unprecedented health challenges to the United States and the world at large. But the pandemic also may present both civic and business opportunities. One of the most immediate and...more