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Ohio Courts: A Microcosm of the Judiciary’s Struggle to Address Insurance Coverage in the Wake of the COVID-19 Pandemic

Courts in seemingly every jurisdiction are facing a wave of insurance coverage litigation arising out of the COVID-19 pandemic which requires them to address the extent to which typical business insurance policies apply (or...more

New York Federal Court Weighs in on Insurance Coverage During the Pandemic

The question of whether businesses may be able to recover for COVID-19-related losses under their insurance policies continues to be an important topic for many as the pandemic continues.  A federal court in New York recently...more

Recent Federal Court Decision Upholds the Constitutionality of NYC Pandemic-Related Legislation Affecting Commercial Leases

The United States District Court for the Southern District of New York recently found that three laws enacted by the City of New York in response to the COVID-19 pandemic were constitutional, and dismissed a challenge to the...more

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

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

New Court Decisions Analyze How the Pandemic Impacts Private Party Rights

As discussed in our last update, the legal landscape continues rapidly to evolve in response to COVID-19. Six recent decisions, summarized below, highlight the continuing uncertainty as to the application of certain laws and...more

Courts Continue to Analyze How COVID-19 Orders Affect Private Party Rights

Three recent decisions demonstrate how the legal landscape continues rapidly to change and evolve in response to COVID-19. These decisions highlight certain developing uncertainties in the law, including the impact of...more

New Laws Enacted by the New York City Council Purport to Limit Landlord’s Rights Under Certain Leases

On May 26, 2020, two bills recently passed by the New York City Council were signed into law by New York City Mayor Bill de Blasio. The new laws, among other things, restrict Landlord’s rights under existing commercial leases...more

Emergency Regulations in New York Prohibit Canceling Certain Property and Casualty Insurance Policies and Extend Premium Payment...

As part of the ongoing executive and legislative efforts to address the COVID-19 pandemic, New York has issued emergency regulations temporarily suspending the cancelation of property and casualty insurance policies for...more

Applicability of Force Majeure and Impossibility in the Wake of COVID-19 Under New York Law

In the wake of the recent COVID-19 pandemic, and its economic disruption, some contracting parties may seek to be excused from performance under their contracts. For contracts subject to New York law, including insurance...more

New York Insurance Coverage Under Certain Policies in the Wake of COVID-19

During the ongoing COVID-19 emergency, some may wonder whether they are covered for losses stemming from the pandemic under certain insurance policies. For business or property owners, the most common policies insureds turn...more

New York Court Issues Sanctions For Overuse of “Attorneys’ Eyes Only” Designations

A recent decision from a New York state court should serve as a warning to parties litigating in New York: if you over-designate documents “Attorneys’ Eyes Only” in discovery, you face the risk of sanctions. The decision was...more

New Limitations on Confessions of Judgment in New York

A procedural device known as a “confession of judgment” has long been an important tool in New York state. Section 3218 of New York’s Civil Practice Law and Rules (known as the CPLR) allows a party to sign an affidavit...more

Are You Really An Additional Insured?

Parties structuring transactions or business relationships often attempt to shift risk to their counter-party by having such party included as an additional insured on the counter-party’s insurance policies. In the real...more

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