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New Decisions Give Further Guidance on Frustration of Purpose, Impossibility, and Related Doctrines

As discussed in previous updates, courts across the country continue to grapple with the application of the legal doctrines of impossibility, frustration of purpose, and impracticability in breach of contract actions...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 York State Court Compels Remote Depositions

As the courts continue their efforts to re-open and slowly return to “normal” operations, decisions aimed to these ends are emerging.  One such decision was recently issued by a New York state court in a medical malpractice...more

Courts Continue to Loosen COVID-19 Restrictions in Civil Litigation and to Push Civil Cases Forward

As the weeks under shelter or stay at home orders approach months, more courts are trying to resume closer to “normal” operations, while acknowledging in some cases that certain procedures are still not viable due to the...more

Civil Litigation Continues to Feel the Effects of COVID-19

We continue to track the impact of COVID-19 on court operations and parties in civil litigation across the country.  As the weeks pass, COVID-19’s impact on civil litigation is becoming more varied, and sometimes is yielding...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 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

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