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The CDC’s New Eviction Moratorium Extends the Uncertainty for Landlords and Tenants

The Center for Disease Control’s (CDC) Eviction Moratorium confirms President Reagan’s quip that a government program is the “nearest thing to eternal life we’ll ever see on this earth.” As explained in my prior post, the CDC...more

CDC’s Eviction Moratorium: Legal Limbo for Landlords and Tenants

As more Americans get vaccinated and the infection rates continue to decline, there is increasing debate on whether the crisis has passed such that businesses can begin operating normally. One of the flashpoints is evictions...more

Stay Shut Down or Be Sued? The Risk to Your Business from COVID-19 Premises-Liability Claims

Reeling from months of governmental orders that required all restaurants to close their doors, Chez Quis was elated to re-open and welcome back its diners, even at a reduced capacity. But elation quickly turned to despair...more

The Oil Producer and Premises Liability During Covid-19

Let’s set aside fracking challenges, low prices, and pipeline rejections to discuss the mundane. Should you as an owner of property be concerned about premises liability claims? We’re talking about the office environment and...more

Stay Shut Down or be Sued? The Risk to Businesses from COVID-19 Premises-Liability Claims

After months of governmental orders that required all non-essential businesses to close their doors, many companies are eager (or even desperate) to re-open and begin generating revenue. But they are wary of potential...more

COVID-19 v. the Constitution: The Conflict Continues

The extraordinary measures designed to slow the spread of coronavirus (COVID-19) continue to cause constitutional clashes. My last post’s opening hypothetical about members of a congregation being ticketed for attending...more

COVID-19: Are Your Constitutional Rights Quarantined Too?

The First Amendment’s Free Exercise Clause will likely not allow members of Reverend Gantry’s congregation to evade the consequences of violating the shelter-in-place order....more

Can COVID-19 Trigger a Force Majeure Defense?

Wanting to diversify his investments, Ernest “Big Daddy” Bux signed a franchise agreement with GA Fitness last year. Construction by Big Daddy’s contractor Bill Toosuit is scheduled to be completed for in time for an early...more

Does COVID-19 Make a Contract Impossible to Perform?

Wanting to diversify his investments, Ernest “Big Daddy” Bux signed a franchise agreement with GA Fitness last year. Construction by Big Daddy’s contractor Bill Toosuit is scheduled to be completed for in time for an early...more

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