Colin Davis

Source: Law360 Insurance Authority

8th Edition

In a recent decision, causation proved to be a determinative factor in the viability of multiple claims subject to the same force majeure clause.

As the pandemic has evolved, so too has the number and complexity of the questions arising in force majeure disputes. Regardless of whether a party is seeking to invoke, or defend against invocation of, a force majeure clause, the answers to those questions will vary across jurisdictions, and will require a careful analysis of the governing contract language, causation, and adherence to notice requirements.

A recent decision from the Southern District of New York may pave the way for broader excuse of performance in COVID-19 force majeure litigation after finding the pandemic is a “natural disaster” that is beyond the parties’ “reasonable control,” triggering the force majeure clause.

As COVID-19-related force majeure litigation continues to arise in both common and civil law jurisdictions, we take a first look at the approach to force majeure in civil law jurisdictions as compared to the common law approach.

Real estate litigation and landlord-tenant disputes continue to dominate the COVID-19 force majeure litigation landscape. Meanwhile, several COVID-related cases are teed up for judicial decisions implicating force majeure clauses.

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?

While COVID-19 has steadily increased the amount of force majeure litigation, certain industries—such as travel and real estate—have seen a disproportionate number of cases filed.

Causation in the context of force majeure, and how causation considerations may impact force majeure claims in the COVID-19 era.

This client alert discusses whether the economic fallout of COVID-19 constitutes a force majeure event. Prior issues of Tour de Force can be found here and here.

This client alert will discuss the contours of the term “Act of God” and briefly cover new developments in case law regarding the doctrine of force majeure.

The force majeure doctrine has heightened significance in a post-COVID-19 world.

Sellers of materials designated as “scarce,” whether directly or indirectly, should carefully monitor the rapidly changing federal and state landscape to avoid crossing the line between profit and price gouging.

How PE firms can minimize attorney-client privilege risks after Argos Holdings Inc. and PetSmart Inc. v. Wilmington Trust N.A.