Posted by Bradley J. Nash, Litigation Partner On October 7, 2020, North Carolina Superior Court Judge Orlando F. Hudson, Jr. handed down an important victory for policyholders seeking business interruption insurance for losses arising from closures relating to the COVID-19 pandemic. In North State Deli, LLC v. The Cincinnati Ins. Co., Case No. 20-CVS-02569, Judge... Read more »
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Posts Categorized: COVID-19
COVID-19 Pandemic No Excuse for Failing to Respond to Motion
On September 30, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Express Trade Capital, Inc. v. Horowitz, 2020 NY Slip Op. 33223(U), holding that the COVID-19 pandemic was not an excuse for failing to respond to a motion, explaining: Defendants also appear to assert that they have an excuse... Read more »
We Now Know New York’s Shut Down Of “Non-Essential” Businesses Is Unconstitutional
Posted by Elizabeth Wolstein, Partner On October 6, 2020, Governor Cuomo issued a new executive order closing “non-essential” businesses in certain zip codes based on increased COVID positivity rates in those zones.[1] Seven months into the pandemic, it is time to reevaluate the constitutionality of this approach that has so devastated small businesses. At the... Read more »
Federal Court Allows Business Interruption Claims for COVID-19 Losses to Proceed
Posted by Bradley J. Nash, Litigation Partner On August 12, 2020, United States District Judge Stephen Bough of the Western District of Missouri issued an important decision for policyholders seeking business interruption insurance for losses arising from closures relating to the COVID-19 pandemic. In Studio 417, Inc. v. Cincinnati Ins. Co., Case No. 20-cv-03127-SRB (W.D.... Read more »
Governor Cuomo Extends Suspension of NY Statute of Limitations to July 6
On June 6, 2020, Governor Cuomo extended the suspension of the NY statute of limitations to July 6, 2020.
Governor Extends Statute of Limitations Tolling to June 6, 2020
On May 7, 2020, Governor Cuomo issued Executive Order 202.28, which, among other things, extended the statute of limitations tolling provided for in earlier executive orders (see here and here) to June 6, 2020.
New York State Courts Continue Slowly to Reopen
On April 30, 2020, Chief Administrative Judge Marks issued a memorandum to trial court justices and judges directing a partial reopening of the trial courts. Key points: New filings in non-essential matters still are prohibited. Virtual court proceedings will expand: “New motions, responsive papers to previously filed motions, and other applications (including post-judgment applications) may... Read more »
FAQs for a Brave New World: Employers Grapple with the Legal Implications of Telecommuting
FAQs for a Brave New World: Employers Grapple with the Legal Implications of Telecommuting By Hillary S. Zilz and Christopher R. Dyess The COVID-19 pandemic has upended the way that we all live and work. With mandatory shelter in place orders across the country, employers have been forced to allow their employees to work from... Read more »
Scheduling Remote Conferences with Commercial Division Justices
The Commercial and Federal Litigation Section of the New York State Bar Association has compiled information on scheduling remote conferences with the Commercial Division.
Do State Shut-Down Orders Effect A Taking For Which The State Must Pay Just Compensation?
By Elizabeth Wolstein Governors across the country have issued executive orders mandating the closure of businesses they deem non-essential in an effort to slow the spread of COVID-19. Slowing the spread of COVID-19, in turn, benefits all the state’s residents. Thus, the owner of the closed business is made to sacrifice the use of his... Read more »