News & Analysis as of

Breach of Contract › Duty to Mitigate

A&O Shearman

Litigation ain’t mitigation

A&O Shearman on

A contractual requirement for taking “all reasonable action” to mitigate loss will not oblige a victim to embark on uncertain litigation on behalf of a third party....more

Tonkon Torp LLP

Is COVID-19 Force Majeure In A Commercial Contract?

Tonkon Torp LLP on

We have spent the better part of the past week poring over force majeure clauses in commercial contracts. “Force Majeure,” literally translated, means “superior force.” In contracts, force majeure clauses are meant to excuse,...more

Roetzel & Andress

Practical Tips For Ohio Construction In Response To The Coronavirus Pandemic

Roetzel & Andress on

On March 22, 2020, Governor DeWine issued a Stay at Home Order that permits essential infrastructure projects to continue performance. Essential infrastructure includes construction projects and specifically, the Governor’s...more

Morrison & Foerster LLP

COVID-19 Update – Understanding Your Rights Under Contracts Whose Performance Is Affected By COVID-19

Morrison & Foerster LLP on

Under English law, it’s clear that the key issue will be to understand and apply the specific terms of each contract, with the English courts looking to interpret contractual clauses by initially considering the natural and...more

Carlton Fields

The Impact of the Duty to Mitigate on Diminution of Value Claims

Carlton Fields on

Buyers in M&A deals often contend that they value a target company based on the seller’s representations and warranties. If the buyer later determines those representations and warranties were false, it may argue that, as a...more

White & Case LLP

Suspending contractual performance in response to the coronavirus outbreak

White & Case LLP on

The recent outbreak of the coronavirus has quickly developed from a local to a global threat with tragic human losses that overshadow contemplations of its economic impact. However, the disease is likely to have a profound...more

Vedder Price

A Bird on the Ground Is Worth One in the Sky: Lessons from ALC v. Far Eastern Air Transport Corp.

Vedder Price on

On May 22, 2019, the U.S. District Court for the Central District of California decided Air Lease Corporation; ALC B378 41345, LLC; and ALC B378 37772 v. Far Eastern Air Transport Corp. The case was based on an allegation...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

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