News & Analysis as of

Coronavirus/COVID-19 › Breach of Contract › Business Interruption

Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms... more +
Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -
Clark Hill PLC

Colorado court rules “Fees on Fees” recoverable in contractual disputes, breaking new ground on attorney fee awards

Clark Hill PLC on

On Aug. 6, the Colorado Court of Appeals recently addressed a question that had never been definitively answered in the state: whether a prevailing party can recover attorney fees incurred to enforce a contractual...more

Allen Matkins

Loss Of $6 Million In Deposits Is No Forfeiture

Allen Matkins on

VFLA Eventco, LLC v. William Morris Endeavor Entertainment, LLC, 2024 WL (March 6, 2024) involved the loss of $6 million in deposits that had been paid to secure the performances of various artists at a two day musical...more

Bradley Arant Boult Cummings LLP

Court Rejects Contractor’s Claim That COVID-19 Rendered Performance Impossible

Bradley Arant Boult Cummings LLP on

A fundamental premise of contract law is that promises must be kept. If legally enforceable promises or “contracts” are not kept, courts may step in to enforce them by ordering performance, awarding damages, or granting some...more

Burr & Forman

Florida Appellate Court Says Tenant Cannot Use Force Majeure Clause as Weapon Against Landlord

Burr & Forman on

Last week, Florida’s Second District Court of Appeals handed down a pro-landlord decision arising out of the COVID-19 pandemic. See Fitness International, LLC v. 93FLRPT, LLC, No. 2D22-1182, May 10, 2023. One week later...more

Bennett Jones LLP

Force Majeure Clauses and COVID-19 Pandemic Impacts—An Assessment of Ontario Judgments Three Years On

Bennett Jones LLP on

Early on in the COVID-19 pandemic, many businesses began to scrutinize force majeure clauses in their commercial contracts and leases. Such contractual clauses, when engaged, either permanently or temporarily relieve the...more

Cozen O'Connor

Second Circuit Holds No Coverage for COVID-19 Business Interruption Losses

Cozen O'Connor on

The Second Circuit has now joined the Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits in holding that no insurance coverage exists for business interruption losses caused by the Covid-19 pandemic and the...more

Stikeman Elliott LLP

Cineplex Awarded $1.24 Billion in Lost Synergies from Failed Cineworld Acquisition: Company’s Pandemic Response Not Out of the...

Stikeman Elliott LLP on

In a highly anticipated decision, the Ontario Superior Court of Justice – Commercial List held that Cineworld wrongly terminated its arrangement agreement to acquire Cineplex, which was awarded substantial damages....more

Hinshaw & Culbertson - Insights for Insurers

Double Tic-Tac-Toe: Insurers Have Now Prevailed in The First Six U.S. Court of Appeals Decisions Regarding COVID-19 Coverage

Hinshaw & Culbertson - Insights for Insurers on

Racking up three more victories at the U.S. Court of Appeals for the Ninth Circuit, insurers have now prevailed in the first six decisions of United States Court of Appeal. Each of these decisions have affirmed the dismissal...more

JAMS

Business Interruption and the Impact on Real Estate

JAMS on

COVID-19 has had an enormous impact on businesses of all kinds. But organizations in the real estate sector—both commercial and residential—have been hit particularly hard. The fallout from the pandemic has sparked numerous...more

BCLP

Briefcase Quarterly Update: Key Real Estate Cases - March 2021

BCLP on

The Financial Conduct Authority v Arch Insurance (UK) Ltd and others [2021] UKSC 1 - What was it about? ..The Supreme Court gave its view on various business interruption insurance policy clauses. ..The case was...more

Pillsbury Winthrop Shaw Pittman LLP

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

Pillsbury Winthrop Shaw Pittman LLP on

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

UB Greensfelder LLP

The Northern District of Ohio Provides More Clarity On COVID-19 Related Business Interruption Claims

UB Greensfelder LLP on

Two more federal court judges in the Northern District of Ohio have weighed in on whether insurance carriers in the cases pending before them must cover claims for damages caused by the COVID19 pandemic. In both cases, the...more

Bilzin Sumberg

ViacomCBS Seeks to Recover COVID-19-Related Losses from Insurer

Bilzin Sumberg on

Business interruption insurance claims keep coming, cutting across a broad array of industries. The entertainment and media sectors are certainly not immune from pandemic-related losses. Last month, ViacomCBS became the...more

Holland & Knight LLP

Southern District of New York Holds COVID-19 Pandemic Constitutes a Natural Disaster

Holland & Knight LLP on

"It cannot be seriously disputed that the COVID-19 pandemic is a natural disaster." This seemingly straightforward conclusion has only been reached in a small number of reported court decisions since the start of the...more

Goulston & Storrs PC

Law of the Land – Real Estate Litigation Newsletter - February 2021, Volume 1, Issue VI

Goulston & Storrs PC on

CASES OF NOTE THE SECRET'S OUT Victoria’s Secret Stores, LLC v. Herald Store Owner LLC, 70 Misc. 3d 1206(A) (N.Y. Sup. Ct. Jan. 7, 2021) A New York court recently held that a retailer’s closure due to a state law imposed...more

Hogan Lovells

Corona virus as a force majeure event in hotel lease agreements

Hogan Lovells on

Corona virus as a force majeure event in hotel lease agreements - Rent payment and business interruption insurance - Since the hotel industry is severely affected by the current situation due to the new corona virus...more

Proskauer - Minding Your Business

COVID-19 and Immunity from Liability

Proskauer - Minding Your Business on

Millions of people across the country are waiting to get the COVID-19 vaccine. For businesses, immunity is sought not against the virus but against liability, and, in some cases, businesses have been successful in invoking...more

Bennett Jones LLP

A Look at COVID-19 Class Actions in Canada

Bennett Jones LLP on

The COVID-19 pandemic upended the class actions landscape in 2020, with over 30 COVID-19 related class actions launched in Canada since the pandemic took hold in March. While that number pales in comparison to the hundreds of...more

Sands Anderson PC

Pandemic Party Planning Problems?

Sands Anderson PC on

If Canceling or Postponing Your Wedding, Bar/Bat Mitzvah, Anniversary Party or Event, Look For These When Reviewing Your Vendor Contracts....more

Pillsbury Winthrop Shaw Pittman LLP

Tour de Force: Force Majeure in Civil Law Jurisdictions – A Superior Force Majeure Doctrine?

Pillsbury Winthrop Shaw Pittman LLP on

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

Barnea Jaffa Lande & Co.

COVID-19 does not justify breach or deviation of a contract When Its Arrival in Israel Was Foreseeable

Barnea Jaffa Lande & Co. on

An Israeli court recently rendered an interesting ruling on the impact of COVID-19. The case is question involved the lease agreement for the operation of a hotel. The lease agreement, executed in February 2020, provided...more

Seyfarth Shaw LLP

California Courts Weigh in on Contractual Obligations in the Era of COVID-19

Seyfarth Shaw LLP on

As discussed in previous updates, courts across the country continue to grapple with the application of force majeure provisions in contracts, as well as the related legal doctrines of impossibility, frustration of purpose,...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented Litigation Insights, Issue 26, October 2020

Spilman Thomas & Battle, PLLC on

This 26th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning to now-familiar topics involving liability protection for businesses, wrongful death lawsuits (particularly those...more

Seyfarth Shaw LLP

Recent New York Decision Holds Restaurant Responsible for Rent During the Pandemic

Seyfarth Shaw LLP on

A Kings County Supreme Court Commercial Division Justice recently rejected a restaurant tenant’s argument that the Executive Orders issued in response to the COVID-19 pandemic frustrated the purpose of its commercial lease,...more

Fisher Phillips

COVID-19 Conflicts Lead To Breach Of Contract Claims Against Employers

Fisher Phillips on

Though sometimes overlooked given the abundance of federal and state statutory claims, employers must remember that their existing contractual obligations remain in place during the pandemic. As a review of the Fisher...more

56 Results
 / 
View per page
Page: of 3
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide