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Recent Cases and Legal Analysis

Breach of Contract Claims and the Coronavirus (COVID-19) Pandemic

April 6, 2020

The coronavirus pandemic and resulting government regulations will cause many businesses to breach their commercial contracts or, at a minimum, will make it much more difficult and expensive to fulfill their contractual obligations. As the coronavirus outbreaks continues to cause a massive disruption in the U.S. economy, with thousands of businesses shut down or unable […]

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Can Nursing Homes Be Held Legally Responsible for Coronavirus Deaths?

April 6, 2020

Nursing homes and other assisted living facilities may be held legally responsible for a resident’s death if the facility failed to take the proper precautions to prevent the spread of the Coronavirus (COVID-19), or failed to properly treat a patient who was infected by it. Consider these suggestions from the New York Times on how […]

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Does the Coronavirus (COVID-19) Qualify as “Force Majeure” in a commercial contract?

April 2, 2020

The Coronavirus (COVID-19) pandemic may allow some businesses to avoid complying with certain contracts if the pandemic or resulting governmental regulation creates a situation where the business cannot meet its obligations. Of course, the specific language of the contract is key. What is a “Force Majeure” clause? A force majeure clause is a contractual provision […]

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