Insurance,
Contracts
May 4, 2020
5 guidelines courts will follow to decide force majeure claims in COVID-19 litigation
The pandemic is not a get-out-of-jail-free card that will liberate parties from contracts across the board. But these unusual times will partially upend the typical rules that hold contracting parties to their bargain.
Marco Quazzo
Shareholder
Bartko LLP
For more than 30 years, Marco has litigated complex commercial and real estate disputes of all kinds.
COVID-19 litigation is coming soon to a courthouse near you. Litigants will disagree over whether the pandemic is a valid basis for terminating contracts, withholding rent from landlords, extending the time to perform contracts, and the like. Under what circumstances will courts release parties from their contractual obligations based on force majeure? Court precedents from historical force majeure events (e.g., 9/11, the World Wars, Prohibition, and the 1918 Spanish ...
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