In a recent decision, causation proved to be a determinative factor in the viability of multiple claims subject to the same force majeure clause.
District judge rules that broad interpretation of United Airline’s “Force...more
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
A recent decision from the Southern District of New York may pave the way for broader excuse of performance in COVID-19 force majeure litigation after finding the pandemic is a “natural disaster” that is beyond the parties’...more
1/25/2021
/ Act of God ,
Art Auctions ,
Bankruptcy Court ,
Breach of Contract ,
Commercial Tenants ,
Construction Project ,
Coronavirus/COVID-19 ,
Force Majeure Clause ,
License Agreements ,
Natural Disasters ,
Real Estate Transactions
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
What impact, if any, does a force majeure clause (or absence of one) have on common law excuse doctrines such as impossibility and frustration of purpose?
A party who chooses to omit a force majeure clause from a contract...more
While COVID-19 has steadily increased the amount of force majeure litigation, certain industries—such as travel and real estate—have seen a disproportionate number of cases filed.
The aviation and commercial real estate...more