Pandemic Force Majeure Interpretations May Be Shifting

By Kimberly Daily and Matthew Rawlinson (March 3, 2021, 5:13 PM EST) -- As the ever-evolving COVID-19 pandemic is no longer considered unprecedented and the restrictions associated with the pandemic have become a part of the new abnormal, district courts nationwide are beginning to grapple with the business fears that came to life in March 2020: "Will my contract's force majeure provision protect me when COVID-19 and its consequent regulations prevent me from doing business as usual?"

For those in the Southern District of New York, the answer may be yes, which brings relief to contractual obligors and dread to contractual obligees.

The U.S. District Court for the Southern District of New York's December...

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