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Law.com

Law.com Litigation Trendspotter: In COVID-19 Force Majeure Disputes, Appeals Courts Focus on Cause and Effect

In recent weeks, several appellate courts—both federal and state—have provided guidance on whether and how COVID-19 closures can trigger force majeure clauses in contracts.
7 minute read

Texas Lawyer

What to Do When You Lose a Contract When Litigating Contract-Based Claims

Simply because Rule 1004 permits evidence of the content of a lost writing in no way guarantees admission of the evidence. This is just the starting point. The practitioner must craft arguments to ensure—or defeat—admission of the lost writing.
6 minute read

New York Law Journal

Force Majeure Clauses in Commercial Leases: Recent Appellate Developments

In recent weeks, the Appellate Division, First Department has twice considered the issue of whether a force majeure clause can excuse the obligation to pay rent under a commercial lease. In their Landlord-Tenant column, Gary Rosenberg and Alexander Lycoyannis discuss these cases.
7 minute read

New York Law Journal

Manhattan Federal Judge Awards $10.8 Million to PartnerRe in Breach of Contract Case

Engelmayer found that the merger failed to close because a mortgage company CEO "had developed an acute case of buyer's remorse."
2 minute read

Law.com

Mall Security Had No Duty to Protect Customers in Parking Lot Shooting, Federal Judge Says in Tossing Wrongful Death Suit

When Malcom Winffel and Carl Unger arrived at the mall on May 6, 2016, a woman ran toward them seeking help after what appeared to be an attempted carjacking by Eulalio Tordil.
5 minute read

Law.com

State High Court: Economic Concerns Over COVID-19 Reduced Capacity Orders Don't 'Constitute Force Majeure Events'

The Maine Supreme Judicial Court on Tuesday became the first state high court to consider a force majeure clause in COVID-19 litigation, finding it did not preclude a restaurant from paying rent once shutdown orders were amended to limit the number of indoor dining guests allowed in the establishment.
6 minute read

Connecticut Law Tribune

State Supreme Court Orders New Trial in Dispute Over Missed Deadlines for Minor League Baseball Stadium

Louis R. Pepe, attorney for the plaintiffs, said his clients were happy with the court's decision and that they're looking forward to another trial.
6 minute read

New York Law Journal

Realty Law Digest

Scott Mollen discusses 'Norman Realty & Constr. v. 151 E. 170th Lender' and 'White Plains Aviation Partners v. Cnty. of Westchester'.
18 minute read

Daily Report Online

Man Sues RV World for Alleged Breach of Warranty

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read

Corporate Counsel

Parley Pro CEO Olga Mack Builds More Bridges With LexisNexis Deal

"Allowing business and legal professionals to understand what they have and what they can do today to make their future better is what you should expect from this partnership," Mack said.
6 minute read

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