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
The federal statute 28 U.S.C. § 1782 allows discovery in the United States, under the broad US discovery rules, for use in a foreign proceeding. In light of Section 1782’s expanding use (which you can read about here) and its...more
Federal law provides a powerful tool for litigants engaged, or about to engage, in litigation in a foreign forum: 28 U.S.C. § 1782. The statute allows discovery in the United States, under the broad US discovery rules, for...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
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
8/12/2020
/ Business Disputes ,
Contract Terms ,
Coronavirus/COVID-19 ,
Force Majeure Clause ,
Foreclosure ,
Frustration of a Common Purpose ,
Landlords ,
Real Estate Market ,
Right To Cure ,
Safety Standards ,
Tenants
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
At the end of 2019, the Second Circuit weighed in on an issue that has divided federal courts considering applications for discovery pursuant to 28 U.S.C. § 1782, through which a litigant can obtain an order from a federal...more
Force majeure clauses and the doctrines of impossibility and/or impracticability remain among the most-discussed legal topics of the COVID-19 pandemic. ...more
The U.S. Supreme Court weighed in for the first time on a COVID-19 related issue that recently has divided federal and state courts: whether restrictions on religious gatherings during the pandemic can be constitutional. ...more
6/4/2020
/ Churches ,
Compelling Governmental Interest ,
Dissenting Opinions ,
Executive Orders ,
Free Exercise Clause ,
Governor Newsom ,
Injunctive Relief ,
Motion for Relief ,
Public Health Emergency ,
Re-Opening Guidelines ,
SCOTUS ,
Shelter-In-Place ,
Social Distancing ,
South Bay United Pentecostal Church v Newsom ,
TRO
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
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
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
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
As the pandemic continues, courts are addressing COVID-19-related constitutional challenges. The most recent cases address the eligibility requirements for Paycheck Protection Program loans (“PPP” loans), gubernatorial orders...more
4/27/2020
/ Ballots ,
CARES Act ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Due Process ,
E-Signatures ,
First Amendment ,
Freedom of Religion ,
Government Lockdown ,
Governor Wolf ,
Guidance Update ,
Inverse Condemnation ,
Just Compensation ,
Non-Essential Businesses ,
Paycheck Protection Program and Health Care Enhancement Act ,
Personal Protective Equipment ,
Political Campaigns ,
Political Candidates ,
Right to Peaceful Assembly ,
State of Emergency
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
4/23/2020
/ Banking Sector ,
Banks ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Essential Functions ,
Executive Orders ,
Financial Services Industry ,
Forbearance Agreements ,
Governor Cuomo ,
Healthcare ,
New York ,
NYDFS ,
Operators of Essential Services ,
Paid Leave ,
Quarantine ,
Retailers ,
Shelter-In-Place ,
Sick Leave ,
State and Local Government
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
4/20/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Court Closures ,
Court Schedules ,
Defense Strategies ,
Depositions ,
Discovery ,
Electronic Filing ,
Electronically Stored Information ,
Federal Court Litigation ,
Filing Deadlines ,
Litigation Strategies ,
New Jersey ,
New York ,
Service of Process ,
State Courts ,
Teleconferences ,
Trial Attorneys ,
Videoconference ,
Virtual Meetings