Even if a contract does not have a force majeure clause, a party’s obligation to perform may still be discharged under the doctrine of impossibility. The doctrine of impossibility refers to situations ...

Our earlier article explored Delaware case law interpreting force majeure provisions in the context of COVID-19. But what happens when a contract omits or contains a sparse force majeure clause? In ...

In his Commercial Division Update, Thomas J. Hall writes: The narrowness of the doctrines of impossibility and frustration of purpose—and their questionable utility for litigators—underscores the ...

Edwin Hissa was a physician who, by the time he enters our story, was allegedly engaged in seemingly the #1 extracurricular activity of physicians throughout the United States, which was trying to ...

SAN FRANCISCO (CN) – California’s highest court handed gun manufacturers a setback in their fight against what they called an “impossible” state requirement to place microstamps on bullet casings, ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

When state law and federal law conflict, the Constitution’s supremacy clause provides that federal law displaces, or pre-empts, state law. Pre-emption issues permeate prescription-drug safety ...