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UPDATE:  New York Federal District Court Cites two Pennsylvania Supreme Court Cases When Recognizing Right to Invoke Force Majeure Provision in Light of the Coronavirus (COVID-19) Pandemic | Weber Gallagher Simpson Stapleton Fires & Newby LLP

To embed, copy and paste the code into your website or blog: At the onset of the coronavirus (COVID-19) pandemic, four Pennsylvania businesses challenged Governor Tom Wolf’s statutory authority to close non-essential (or non-life sustaining) businesses to mitigate the public health effects of the pandemic. In that case,  Friends of Danny Devito v. Wolf, 227 A.3d 872 (Pa. 2020), the petitioners argued Governor Wolf lacked the statutory authority under the Pennsylvania Emergency Management Services Code to issue an executive order mandating the temporary closure of inessential businesses. The Pennsylvania Supreme Court disagreed and recognized that the COVID-19 pandemic qualified as a natural disaster under the Pennsylvania Emergency Code, 35 Pa.C.S.A. § 7102. Section 7102, which defines “natural disaster” as any “catastrophe which results in substantial … hardship, suffering or possible loss of life. The 

Chesco Declares Emergency, Longwood Gardens Donates Freezer

UpdatedThu, Dec 10, 2020 at 12:09 pm ET Replies(8) Longwood Gardens in Chester County gave over its ultra-low freezer space to store vaccines. (Shutterstock) WEST CHESTER, PA Chester County s Board of Commissioners this week approved a resolution authorizing a Declaration of Disaster Emergency due to COVID-19 and also reported that Longwood Gardens has assisted in the pandemic response with a special freezer to store the vaccine supply. In the commissioners State of the County address at the beginning of the month, Chester County Commissioner Josh Maxwell explained that to help with the county s ongoing response to COVID-19 Longwood Gardens gave the county an ultra-cold freezer to use for vaccine storage as needed.

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