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Southern District of New York Holds COVID-19 Pandemic Constitutes a Natural Disaster | Holland & Knight LLP


Highlights
Applying New York law, the U.S. District Court for the Southern District of New York rules that a party can invoke a contractual
force majeure provision to terminate a contract on the ground that the COVID-19 pandemic and resulting government-imposed restrictions on business operations fit within the meaning of a natural disaster.
The court s ruling joins the growing list of jurisdictions that have interpreted natural disaster to extend beyond weather-related and environmental disasters.
It cannot be seriously disputed that the COVID-19 pandemic is a natural disaster. This seemingly straightforward conclusion has only been reached in a small number of reported court decisions since the start of the pandemic. In ....

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