News & Analysis as of

Business Closures Coronavirus/COVID-19

Bennett Jones LLP

The COVID-19 Virus Does Not Trigger Business Interruption Insurance Coverage

Bennett Jones LLP on

In 2023, the Ontario Superior Court of Justice (Commercial List) released its highly anticipated decision in Workman Optometry Professional Corporation v Certas Home and Auto Insurance Company (Workman). The Court’s decision,...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - February 2024

Rivkin Radler LLP on

The insured, Consolidated Restaurant Operations, a company that owns and operates dozens of restaurants, obtained a commercial property policy from Westport Insurance Company. Subject to certain exclusions, the policy covered...more

Rivkin Radler LLP

COVID Biz Interruption Coverage Denied by NY Court of Appeals

Rivkin Radler LLP on

On February 15, 2024, the New York Court of Appeals unanimously upheld the Appellate Division, First Department decision affirming dismissal of restaurant operator Consolidated Restaurant Operations, Inc.’s (CRO) complaint...more

Fox Rothschild LLP

Bill Proposes January 31 as Last Day to File Employee Retention Credit Claims

Fox Rothschild LLP on

The House Ways and Means Committee recently advanced a bill that gives businesses a proposed deadline of January 31, 2024 to file Employee Retention Credit (ERC) claims. Known as the Tax Relief for American Families and...more

Rivkin Radler LLP

NY Court of Appeals Hears Oral Argument on COVID-19 Business Interruption Case

Rivkin Radler LLP on

On January 10, the New York Court of Appeals heard oral arguments on a COVID-19 coverage appeal by a restaurant operator, Consolidated Restaurant Operations, Inc. (CRO), which posed issues of first impression. Courts...more

Freiberger Haber LLP

The First Department Dismisses COVID-19 Based Frustration of Purpose and Impossibility Related Defenses In Rent Arrears Action

Freiberger Haber LLP on

Among the problems resulting from COVID-19, is the pandemic’s effect on business. Numerous businesses were forced to close due to lock downs and supply chain issues. The economic slowdowns and business closures caused by...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Insurance Coverage for COVID and In-Person Informed Consent for Abortion

This week, the Court considers insurance coverage for business losses sustained as a result of COVID-19 and the constitutionality of Guam’s in-person informed consent requirement for abortion. THE OREGON CLINIC, PC V....more

Ervin Cohen & Jessup LLP

Ninth Circuit Deals Another Blow to Restaurants in COVID-19 Insurance Coverage Case

On June 26, 2023, a panel of judges for the United States Court of Appeals for the Ninth Circuit affirmed an insurance company’s win over a restaurant group seeking insurance coverage for pandemic-related claims in Team 44...more

Burr & Forman

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

Burr & Forman on

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

Hogan Lovells

Schlussstrich in Sachen Betriebsschließungen von Hotellerie/Gastronomie während der Corona Pandemie? Zumindest für die „zweite...

Hogan Lovells on

Das Bundesverwaltungsgericht hat gestern zwei Urteile des Oberverwaltungsgericht des Saarlandes aufgehoben (bislang liegt nur die Pressemitteilung vor), welche die infektionsschutzrechtliche Generalklausel nicht als...more

Rivkin Radler LLP

Courts Leave Landlords in the Lurch on Guaranty Law

Rivkin Radler LLP on

Recently, two important court decisions ruled that a New York City local law known as the Guaranty Law, which rendered unenforceable certain guaranties of commercial lease obligations, was unconstitutional. One month later,...more

Steptoe & Johnson PLLC

Qualifying for the Employee Retention Credit and Partial Shutdowns

Steptoe & Johnson PLLC on

IRS Warnings - The IRS continues to issue warnings alerting employers to be wary of promoters aggressively pushing schemes to claim the employee retention credit (the ERC). The IRS has also added these promoter claims to its...more

Rivkin Radler LLP

Insurance Update - February 16, 2023

Rivkin Radler LLP on

Here are some of the leading insurance cases from the past month. The Sixth Circuit is the latest appellate court to address whether insurers must defend drug companies in local government opioid suits. Joining the Ohio...more

Allen Matkins

California’s Office Space Market Grapples with Economic Uncertainties More than Return-to-Work Disparities

Allen Matkins on

During the height of the COVID-19 pandemic, offices, stores, and factories across the country were closed and shuttered. Those who could work from home did, while those who couldn’t collected unemployment and wondered if life...more

Genova Burns LLC

Beginning On April 10, 2023, New Jersey Employers Must Comply With Stricter Requirements On Mass-Layoffs And Business Closures

Genova Burns LLC on

In 2020, New Jersey amended the Millville Dallas Airmotive Plant Job Loss Notification Act (referred to as the NJ WARN Act), which regulates employers implementing mass layoffs and business closures. Governor Phil Murphy...more

Cozen O'Connor

NYC Task Force Issues Recommendations for Residential Conversion of Unused Office Space

Cozen O'Connor on

This week, New York City’s Office Adaptive Reuse Task Force released a study calling on the city and New York State to loosen regulations preventing the conversion of older office stock into much-needed housing....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

If There Is a Constitutional Right to Earn a Living, What Happens to OSHA?

Like virtually every other governmental entity in the world, in March 2020 the City of Columbus, Mississippi, enacted strict lockdown measures affecting private business and public places of worship in an effort to slow the...more

Rivkin Radler LLP

Insurance Update - September 21 2022

Rivkin Radler LLP on

Some important insurance decisions were handed down over the past month. We begin in Ohio, where public nuisance claims by state and local governments over opioids and lead paint were on full display. In Acuity, the...more

Cozen O'Connor

Washington Supreme Court: Deprivation of Intended Use Following COVID-19 Order Not Physical Damage

Cozen O'Connor on

In a unanimous ruling on Thursday, August 25 (Slip Opinion), the Washington Supreme Court added its voice to the developing “strong, if not unanimous” national consensus that COVID-19 and related government closures do not...more

Amundsen Davis LLC

Missouri Court Rejects Impossibility Defense During COVID-19

Amundsen Davis LLC on

In a case of first impression, (Premier Valet, LLC v. Premier Valet Services, LLC, et al.), the Missouri Court of Appeals, Eastern District, considered the viability of the “impossibility defense” in regard to the COVID-19...more

Lowndes

Are Economic Losses Caused by COVID Shutdowns Recoverable Under Commercial Property Insurance Policies

Lowndes on

As we have previously written, whether economic losses caused by COVID shutdowns can be recovered under commercial property insurance policies is a hotly-contested issue. (Past articles include, ‘Will Your Business...more

Jackson Lewis P.C.

District Court Upholds New York City Hotel Severance Law

Jackson Lewis P.C. on

In a decision of great import to the New York City hospitality industry, a federal court has held that a New York City statute mandating payment of severance benefits to certain covered hotel service employees was not...more

Houston Harbaugh, P.C.

First State Supreme Court Decision Holds No Business Interruption Coverage for Covid Shutdowns

Houston Harbaugh, P.C. on

On April 21, 2022, the Massachusetts Supreme Judicial Court affirmed the trial court’s decision that several restaurants were not entitled to business interruption coverage for losses resulting from shutdown orders issued by...more

Cozen O'Connor

NY Appellate Court: Covid-19 Business Losses Don’t Constitute “Physical” Damage to Property, Don’t Trigger Commercial Property...

Cozen O'Connor on

Covid-19 may cause businesses to be unable to use their property, but loss of use doesn’t constitute the “direct physical loss or damage” necessary to trigger commercial property insurance coverage, according to a...more

Tucker Arensberg, P.C.

Pennsylvania Superior Court Holds that Doctrines of Frustration of Purpose and Impracticability/Impossibility of Performance are...

Tucker Arensberg, P.C. on

In the first Pennsylvania appellate case addressing the effects of government-ordered business closures due to the Covid-19 pandemic on a commercial lease default, the Pennsylvania Superior Court has held that the traditional...more

1,380 Results
 / 
View per page
Page: of 56

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide