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
11/12/2020
/ Bankruptcy Court ,
Breach of Contract ,
Business Litigation ,
Contract Terms ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Force Majeure Clause ,
Frustration of a Common Purpose ,
Impossibility ,
Infectious Diseases ,
Nonperformance ,
School Closures
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
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
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
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
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
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