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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

2020 May Be Over, But Litigation Regarding The Pandemic And Private Party Rights Is Not

As we enter the New Year, the end is not yet in sight for litigation related to COVID-19. Five recent decisions, summarized below, highlight the still developing legal implications of the pandemic on private party rights as...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

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

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

Recent New York Decision Holds Restaurant Responsible for Rent During the Pandemic

A Kings County Supreme Court Commercial Division Justice recently rejected a restaurant tenant’s argument that the Executive Orders issued in response to the COVID-19 pandemic frustrated the purpose of its commercial lease,...more

Latest Decisions on Force Majeure in the COVID-19 Context

As discussed in previous updates, COVID-19 has brought the concept of force majeure to the forefront across multiple practice areas. As the pandemic-caused shutdowns began, scholars and businesses alike re-examined the...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 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

Force Majeure and Impossibility in the Era of COVID-19, New Court Decisions and an Emerging Bankruptcy Trend

Force majeure clauses and the doctrines of impossibility and/or impracticability remain among the most-discussed legal topics of the COVID-19 pandemic.  ...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

COVID-19-Related Restrictions Continue to Receive Scrutiny From the Courts

As discussed in our prior updates, courts continue to hear challenges to the constitutionality and statutory validity of COVID-19-related restrictions and programs. PPP loans, restrictions on debt collection efforts, “stay at...more

Is there Wiggle Room for Performance of Lease Obligations by Retailers Under New York Law?

Much has been written about the general applicability of the frustration of purpose, impossibility, and impracticability doctrines to performance of leases and other contracts in the wake of COVID-19....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

Initial Government Guidance on Steps New York Landlords Should Take to Protect Health and Safety

Many landlords of commercial and residential buildings in New York City have been looking into possible ways to address the health and safety of individuals at their premises. Although New York courts have not yet weighed in...more

More Courts Attempt to Move Civil Cases Forward Despite the COVID-19 Pandemic

We continue to track the impact of COVID-19 on court operations and parties in civil litigation across the country.  (You can read our most recent update here.)  Many courts seem to have shifted from the earlier pauses and...more

Pennsylvania Supreme Court Rejects Constitutional and Statutory Challenges to Business Shutdown Order

The campaign of a political candidate and several small businesses jointly challenged COVID-19-related governmental measures, asserting that the Governor of Pennsylvania exceeded his statutory powers, and violated various...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

New Rent Reduction Laws Proposed in New York May Be Better for Landlords, But May Still Be Challenged

As discussed in prior updates, lawmakers in New York previously introduced bills that would, if enacted, temporarily suspend rent payments for certain residential and small business commercial tenants unable to pay rent due...more

COVID-19 Continues to Impact Civil Litigation and Discovery in a Variety of Ways

We continue to track the impact of COVID-19 on court operations and parties in civil litigation across the country. The COVID-19 pandemic continues to slow down most civil cases throughout the United States, and is impacting…...more

“Quiet Enjoyment” May Not Work, But New York Law and Leases May Provide Other Avenues for Relief for Commercial Tenants

As set forth in our prior update, commercial tenants in New York may not be able to establish a breach of the covenant of quiet enjoyment because of the ongoing pandemic, subject to specific lease language....more

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