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Winter Storm Uri sent shockwaves through Texas, freezing gas supplies at a time of critical need and plunging the state into widespread power outages. In the aftermath, the courts have been flooded with force majeure claims,...more
On September 29, 2023, U.S. Magistrate Judge Hal R. Ray Jr. of the U.S. District Court for the Northern District of Texas issued a report and recommendation on a summary judgment motion in a case arising out of fixed-volume...more
The court has looked at a “hindrance” on paying a debt in the context of a force majeure clause and whether a sanctions clause or the general law of sanctions excused payment. Litasco, a Swiss company wholly owned by a...more
Unit Petroleum Company v. Koch Energy Services, LLC is another force majeure case arising out of winter storm Uri. Unlike a similar case, summary judgment was denied because, said the United States District Court, The word...more
A few months ago, a Commercial Division court granted summary judgment in favor of the plaintiff-landlord in a case involving a commercial lease for a gym that was closed due to COVID-19 restrictions. The decision in Amherst...more
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
The United States Court of Appeals, Eleventh Circuit (“Eleventh Circuit”), in a February 17th Opinion addressed a dispute involving a terminal contract with a minimum coal tonnage use provision. See Drummond Coal Sales Inc....more
The increase in loan and lease defaults in the wake of COVID-19 has brought to the forefront numerous legal defenses by borrowers and tenants, such as force majeure, impossibility, and frustration of purpose. Force majeure...more
What impact, if any, does a force majeure clause (or absence of one) have on common law excuse doctrines such as impossibility and frustration of purpose? A party who chooses to omit a force majeure clause from a contract...more
The United States District Court for the Northern District of Illinois interpreted in a June 18th decision certain provisions of a wind energy purchase contract (“Contract”). See Barton Windpower, LLC & Buffalo Ridge I, LLC,...more
Political actions have consequences. A force majeure clause in New York oil and gas leases does not modify the primary term of the habendum clause and the leases are not extended because of the state ban “moratorium” on...more