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
Causation in the context of force majeure, and how causation considerations may impact force majeure claims in the COVID-19 era.
In most states, the force majeure event must have proximately caused the delay or deficiency...more
This client alert discusses whether the economic fallout of COVID-19 constitutes a force majeure event...
Historically, courts have typically found that sudden economic downturns do not constitute force majeure events....more
This client alert will discuss the contours of the term “Act of God” and briefly cover new developments in case law regarding the doctrine of force majeure.
Historically, “Act of God” was defined to encompass sickness, but...more
The force majeure doctrine has heightened significance in a post-COVID-19 world.
This first alert in a series examines the history and contours of the force majeure doctrine and its resurgence in application due to the...more