News & Analysis as of

Breach of Contract Infectious Diseases

Burr & Forman

Florida Appellate Court Says Tenant Cannot Use Force Majeure Clause as Weapon Against Landlord

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Last week, Florida’s Second District Court of Appeals handed down a pro-landlord decision arising out of the COVID-19 pandemic. See Fitness International, LLC v. 93FLRPT, LLC, No. 2D22-1182, May 10, 2023. One week later...more

Littler

Alberta, Canada: Arbitrator Decides COVID-19 Pandemic is Cataclysmic Event that Did Not Trigger Entitlement to Severance Under...

Littler on

In United Utility Workers’ Association of Canada v Dataco Utility Services Ltd., 2022 CanLII 13414 (AB GAA), Arbitrator John Moreau, Q.C., dismissed 11 grievances filed on behalf of 11 service technicians (Grievors) of Dataco...more

Bilzin Sumberg

Breach of Contract Claim Will Proceed in Tuition Refund Case

Bilzin Sumberg on

In previous posts, we reported on several of the many lawsuits across the country in which students have sued their colleges and universities for tuition reimbursement as a result of not receiving certain services during (in...more

Stikeman Elliott LLP

Cineplex Awarded $1.24 Billion in Lost Synergies from Failed Cineworld Acquisition: Company’s Pandemic Response Not Out of the...

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In a highly anticipated decision, the Ontario Superior Court of Justice – Commercial List held that Cineworld wrongly terminated its arrangement agreement to acquire Cineplex, which was awarded substantial damages....more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 17

DeSantis May Strip Lawsuit Protection from Businesses Requiring COVID-19 Vaccinations - "Thus far, the administration has identified around 120 businesses, big and small, and local governments that it may seek penalties...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - September 2021, Volume I, Issue IX

Goulston & Storrs PC on

CASES OF NOTE - UPHILL BATTLE FOR RETAIL CANNABIS APPLICANTS  - Mederi, Inc. v. City of Salem, 488 Mass. 60 (2021) Summary: In Mederi, Inc. v. City of Salem, the Massachusetts Supreme Judicial Court grappled with...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 15

As we all know, the COVID-19 situation is ever-changing. However, our commitment to bringing you current and useful information remains steadfast. As such, we would like to introduce our new co-editors of Unprecedented -...more

Cadwalader, Wickersham & Taft LLP

Summer's Coming, May 2021 | Issue No. 24 - COVID-19 Update: Can't Lose What You Never Had: Court Rejects All Legal Theories...

The United States District Court for the Southern District of New York (the “Court”) decided in Gap Inc. v. Ponte Gadea N.Y. LLC on March 8, 2021 that a retail tenant will not be able to use the COVID-19 pandemic as an excuse...more

BCLP

Absolute Payment Obligations, Frustration & Stay of Execution - Latest Developments

BCLP on

In a decision handed down at the end of April, the Commercial Court, in Wilmington Trust SP Services (Dublin) Ltd and others v Spicejet Ltd [2021], has provided guidance on the English law doctrines of illegality and...more

Littler

Mandatory vaccines for the workplace: worth a shot?

Littler on

With over half the adult population having now received their first vaccine, many employers will be wondering how they can use the vaccine rollout to get employees back into workplaces....more

Bilzin Sumberg

Mixed Results for University Defendants in Latest Tuition Refund Suits

Bilzin Sumberg on

Two more university tuition refund cases were recently decided at the pleadings stage, with mixed results for the university defendants. The U.S. District Court for the Southern District of New York ruled in the matter of...more

UB Greensfelder LLP

The Northern District of Ohio Provides More Clarity On COVID-19 Related Business Interruption Claims

UB Greensfelder LLP on

Two more federal court judges in the Northern District of Ohio have weighed in on whether insurance carriers in the cases pending before them must cover claims for damages caused by the COVID19 pandemic. In both cases, the...more

Franczek P.C.

Two Cases Illustrate Themes of Successful Higher Education Institutions in Breach of Contract Claims for Remote Instruction

Franczek P.C. on

Due to the COVID-19 pandemic, many higher education institutions transitioned to remote instruction, causing students to attend classes online, move out of dorms, and forego the traditional college experience....more

Bilzin Sumberg

ViacomCBS Seeks to Recover COVID-19-Related Losses from Insurer

Bilzin Sumberg on

Business interruption insurance claims keep coming, cutting across a broad array of industries. The entertainment and media sectors are certainly not immune from pandemic-related losses. Last month, ViacomCBS became the...more

Bilzin Sumberg

Universities Win Dismissals of Class Actions Seeking Tuition Refunds

Bilzin Sumberg on

COVID-19 class actions continue to increase and are expected to spread to additional areas of law. Higher education has been one of the prime subjects of class actions thus far. To date, over 250 class action lawsuits have...more

Goulston & Storrs PC

Law of the Land – Real Estate Litigation Newsletter - February 2021, Volume 1, Issue VI

Goulston & Storrs PC on

CASES OF NOTE THE SECRET'S OUT Victoria’s Secret Stores, LLC v. Herald Store Owner LLC, 70 Misc. 3d 1206(A) (N.Y. Sup. Ct. Jan. 7, 2021) A New York court recently held that a retailer’s closure due to a state law imposed...more

Hogan Lovells

Corona virus as a force majeure event in hotel lease agreements

Hogan Lovells on

Corona virus as a force majeure event in hotel lease agreements - Rent payment and business interruption insurance - Since the hotel industry is severely affected by the current situation due to the new corona virus...more

Proskauer - Minding Your Business

COVID-19 and Immunity from Liability

Millions of people across the country are waiting to get the COVID-19 vaccine. For businesses, immunity is sought not against the virus but against liability, and, in some cases, businesses have been successful in invoking...more

Jaburg Wilk

Arizona District Court Enforces “Virus Exclusion” to Dismiss COVID-19 Related Insurance Claims of Minor League Baseball Teams

Jaburg Wilk on

The Holding - In Chattanooga Prof’l Baseball LLC, v. Nat’l Cas. Co., 2020 WL 6699480 (D. Ariz. Nov. 13, 2020) (Order), the Arizona District Court held that a “Virus Exclusion” clearly precluded insurance coverage for losses...more

Seyfarth Shaw LLP

New Decisions Give Further Guidance on Frustration of Purpose, Impossibility, and Related Doctrines

Seyfarth Shaw LLP on

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

Seyfarth Shaw LLP

California Courts Weigh in on Contractual Obligations in the Era of COVID-19

Seyfarth Shaw LLP on

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

Robins Kaplan LLP

Financial Daily Dose 10.6.2020 | Top Story: Cybersecurity Pioneer John McAfee Arrested, Accused of Tax Evasion Over Crypto...

Robins Kaplan LLP on

The SEC has sued “cybersecurity pioneer John McAfee” for “promoting the sale of cryptocurrencies without disclosing that he was being paid to do so.” McAfee allegedly recommended “at least seven initial coin offerings to his...more

Seyfarth Shaw LLP

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

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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

Seyfarth Shaw LLP

Latest Decisions on Force Majeure in the COVID-19 Context

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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

Farrell Fritz, P.C.

NY Courts Tackle New Issues in a Post-COVID Court: Modification of Pre-COVID Court Orders

Farrell Fritz, P.C. on

As New York courts reopen and the mandatory stay-at-home order is lifted, what remains unclear is how the numerous Executive Orders issued by Governor Andrew M. Cuomo during the COVID-19 pandemic will affect individuals and...more

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