By Xavier Morand Bock, from our Litigation Group
April 10, 2020 — Though the Quebec government has just extended the suspension of non-essential activities, including the operation of construction sites, until May 4th, it is essential that construction companies begin planning for the implementation of safety measures at their sites, so that their future operations can be carried out safely.
On March 17, 2020, the Ontario Superior Court began restricting the matters that would be heard amidst COVID-19 concerns. For civil and commercial matters in Toronto, the Court will only be hearing matters related to outstanding warrants or urgent and time sensitive motions that pose a risk of immediate and significant financial repercussions if they are not dealt with. This leaves an important question unanswered: what is considered urgent? Read the full article.
Law360 (March 18, 2020, 9:04 PM EDT) — A New Orleans restaurant recently filed the first of a potential wave of lawsuits seeking insurance to cover losses from government-mandated closures due to the novel coronavirus outbreak, and disputes over this “civil authority” coverage may center on the unsettled science on how long the virus can linger in properties. Read more…
Developments around the COVID-19 pandemic continue to move fast and significant changes in the relevant laws continue to evolve. This Client Alert covers three recent developments, including the passage by the United States Senate of the Families First Coronavirus Response Act, California’s temporary suspension of the California WARN Act, and significant softening of the Orange County Public Health shelter-in-place regulations. As always, we encourage you to reach out to any member of team listed at the end of this Alert with any questions you may have on these fast moving topics. Read more…
For any attorney about to rush into New York State court to seek an injunction or temporary relief with regard to a violation of a non-compete or other restrictive covenant, or with regard to misappropriation of trade secrets, think again about venue.
By Administrative Order, dated March 22, 2020, Chief Administrative Judge Lawrence Marks has decreed that until further notice, New York State courts are accepting no filings unless the filings concern an emergency matter (as defined in the Order’s Exhibit A). Neither restrictive covenant nor trade secret matters count as “emergencies.”
The Aviation (Enforcement and Recovery) team has been advising clients on issues arising from the current crisis. Three main themes emerge from the current challenges in the airline sector:
1.) Airline insolvency risk. A number of leasing companies have claims for unpaid rent and maintenance rent. These claims can be pursued by:
Count the United States courts among the institutions taking precautions to curb the spread of coronavirus as confirmed cases of COVID-19 eclipsed 100,000 worldwide.
On March 6, a court in the Central District of California granted in part a joint request for a stay of litigation in UPL NA, Inc. v. Tide International (USA), Inc. as discovery efforts were being “severely impacted by the outbreak of coronavirus.” Read more…
Nope. The party seeking fees pursuant to a rejected Rule 68 Offer of Judgment still has the burden of showing a proper offer was made, was served, and was not accepted.
Say Enterprises has successfully challenged a claim by its former receivers and managers seeking approval of their remuneration in the sum of $94,242.79 and that they be justified in paying disbursements, the most significant of which was $35,831.64 of legal fees.
The Ontario Court of Appeal recently ordered that an action be stayed (Handley Estate v. DTE Industries Limited, 2018 ONCA 324) on the basis that certain parties had failed to comply with their obligation to immediately disclose a “Mary Carter” agreement. The Court held that by originally denying the motion for a stay, the motion judge had erred in principle by failing to apply the remedy for non-disclosure of these types of agreements as specified in a previous Court of Appeal decision called Aecon Buildings v. Stephenson Engineering Limited (“Aecon”).