On November 29, 2021, a federal district court in Missouri issued a preliminary injunction blocking the implementation and enforcement of a rule promulgated by the Centers for Medicare and Medicaid Services (“CMS”) requiring...more
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
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
1/12/2021
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Denial of Insurance Coverage ,
Infectious Diseases ,
Insurance Claims ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms
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
1/8/2021
/ Class Action ,
Commercial Leases ,
Contract Terms ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Infectious Diseases ,
Injunctions ,
Material Adverse Events ,
Purchase Agreement ,
Real Estate Transactions ,
Refunds ,
School Closures ,
Tuition ,
Unjust Enrichment
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
12/7/2020
/ Anti-Harassment Policies ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Constitutional Challenges ,
Contracts Clause ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
First Amendment ,
Free Speech ,
Harassment ,
Infectious Diseases ,
Landlords ,
Rental Property ,
State and Local Government
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
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
10/29/2020
/ Breach of Contract ,
Business Interruption ,
Carriage Disputes ,
Contract Terms ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Force Majeure Clause ,
Infectious Diseases ,
Insurance Claims ,
Performance Standards ,
Policy Terms
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
10/5/2020
/ Breach of Contract ,
Business Closures ,
Business Interruption ,
Commercial Court ,
Commercial Leases ,
Contract Terms ,
Coronavirus/COVID-19 ,
Executive Orders ,
Failure To Pay ,
Frustration of a Common Purpose ,
Infectious Diseases ,
Public Health Emergency ,
Rent
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
9/25/2020
/ Breach of Contract ,
Commercial Tenants ,
Contract Terms ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Eviction ,
Failure To Pay ,
Financial Distress ,
Force Majeure Clause ,
Infectious Diseases ,
Insurrection ,
Landlords ,
Rent
In the wake of the recent COVID-19 pandemic, and its economic disruption, some contracting parties may seek to be excused from performance under their contracts. For contracts subject to New York law, including insurance...more
3/23/2020
/ Business Interruption ,
Contract Drafting ,
Contract Negotiations ,
Contract Terms ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Force Majeure Clause ,
Infectious Diseases ,
Performance Standards ,
Public Health ,
Risk Management ,
Supply Chain