comparemela.com

Latest Breaking News On - முடித்தல் ஏற்பாடு - Page 1 : comparemela.com

Tour de Force: Rudolph v United Airlines, Causation and Force Majeure | Pillsbury Winthrop Shaw Pittman LLP

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

Southern District of New York Holds COVID-19 Pandemic Constitutes a Natural Disaster | Holland & Knight LLP

Highlights Applying New York law, the U.S. District Court for the Southern District of New York rules that a party can invoke a contractual force majeure provision to terminate a contract on the ground that the COVID-19 pandemic and resulting government-imposed restrictions on business operations fit within the meaning of a natural disaster. The court s ruling joins the growing list of jurisdictions that have interpreted natural disaster to extend beyond weather-related and environmental disasters. It cannot be seriously disputed that the COVID-19 pandemic is a natural disaster. This seemingly straightforward conclusion has only been reached in a small number of reported court decisions since the start of the pandemic. In

New York Federal Court Finds Force Majeure Clause Properly Invoked To Terminate Auction Consignment - Coronavirus (COVID-19)

Properly Invoked to Terminate Auction Consignment Contract On December 16, 2020, Judge Denise Cote of the United States District Court for the Southern District of New York issued an Opinion and Order holding, as a matter of first impression, that the Covid-19 pandemic was a “natural disaster” within the meaning of a  force majeure clause. Therefore, the Court held, an auction house was excused from performing a consignment contract. See  JN Contemporary Art LLC v. Phillips Auctioneers LLC, 2020 WL 7405262 (S.D.N.Y. 2020). Background In June 2019, JN Contemporary Act LLC (“JN”) and Phillips Auctioneers LLC (“Phillips”) entered into a consignment agreement, in which Phillips agreed to auction a

NY Federal Judge Rules COVID-19 Pandemic Constitutes Natural Disaster in Excusing Contract Performance | Morgan Lewis

To embed, copy and paste the code into your website or blog: The coronavirus (COVID-19) pandemic constituted a “natural disaster” under a contract’s force majeure provision, Judge Denise Cote of the US District Court for the Southern District of New York recently ruled in JN Contemporary Art LLC v. Phillips Auctioneers LLC, No. 20-cv-4370, 2020 WL 7405262 (SDNY Dec. 16, 2020). This decision appears to be one of the first by a federal judge concerning such contractual language. Other courts may look to Judge Cote’s lengthy analysis of the meaning of the phrase “natural disaster” in this context when interpreting similar contractual language.

© 2024 Vimarsana

vimarsana © 2020. All Rights Reserved.