News & Analysis as of

Damages Force Majeure Clause

Gray Reed

Uri Force Majeure Cases Still Percolating

Gray Reed on

Thought you’d heard the last of force majuere cases arising from Winter Storm Uri? Think again. In Marathon Oil Company v. Koch Services LLC. the question was how to measure damages suffered by Koch for Marathon’s...more

King & Spalding

Buyers Beware - Delaware Chancery Court Orders CorePower to Honor Acquisition of Franchisee Studios

King & Spalding on

On March 1, 2022, Vice Chancellor Slights of the Delaware Chancery Court ordered CorePower Yoga (“CorePower”) to close the acquisition of 34 yoga studios from its largest franchisee, Level 4 Yoga (“Level 4”). The parties...more

Pillsbury Winthrop Shaw Pittman LLP

Tour de Force: COVID-19 Continues to Impact Leases While Cases Implicating Force Majeure Await Decisions

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

Akin Gump Strauss Hauer & Feld LLP

Take or Pay: Does the Law of Penalties Apply?

Q2 2020 saw a tangible increase in the number of queries from clients asking about the enforceability of take or pay clauses common in supply agreements. Intermingled with questions around force majeure, the key issue appears...more

McDermott Will & Emery

Litigating Lending Agreements During and in the Aftermath of a Pandemic

As Coronavirus (COVID-19) continues to ravage the nation’s health and economy, in-progress deals are being reassessed by buyers, sellers and lenders. We review a number of issues that parties to financed transactions should...more

White & Case LLP

Force Majeure: substantial damages even if you cannot perform

White & Case LLP on

In a recent decision, the Court of Appeal has awarded substantial damages to the innocent party after a force majeure event, in circumstances where the party seeking to rely on the force majeure event to excuse liability...more

Cranfill Sumner LLP

Maritime and Admiralty Presumptions Concerning Damages Caused by Vessels

Cranfill Sumner LLP on

How are legal issues handled when maritime vessels cause damage to other property? There are a few presumptions that are considered in every case of vessel damage. With the damage from Hurricane Florence, our attorneys are...more

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