REAL ESTATE DEVELOPER FILES LAWSUIT SAYING COVID-19 EVENTS ENTITLED IT TO DELAY PURCHASE OF PROPERTY

W. Mark Mullineaux, Esq. mmullineaux@astorweiss.com, 610-291-3850 A California retail developer filed a lawsuit declaring COVID-19 and government shutdowns force majeure events entitling it to delay closing on $4.2 million property purchase from ExxonMobil. Pacific Collective, LLC v. Exxonmobil Oil Corp., Complaint, No. 20STCV13294 (Cal. Sup. Ct. Filed Apr. 3, 2020). Force majeure translates to “superior force” in French […]

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CONGRESS APPROVES ADDITIONAL $310 BILLION OF FUNDING TO REPLENISH PAYCHECK PROTECTION PLAN LOAN PROGRAM

On April 24, 2020, Congress passed, and President signed, an additional $310 Billion of funding to replenish the Paycheck Protection Plan (PPP) after the initial $350 billion of the program’s funding was exhausted.  Applications for new funding will be accepted on April 27, 2020.  While the PPP program was lauded […]

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STATUS OF MORTGAGE FORECLOSURES IN PENNSYLVANIA AND IMPACT OF THE CARES [COVID-19] ACT

Despite Court Orders and the just passed Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), in Pennsylvania lenders on mortgages that are not “Federally Backed” may still file and serve mortgage foreclosure complaints, default judgments and writs of execution so that properties are ready for Sheriff’s sale when Sheriffs […]

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WHEN CAN CONTRACT DUTIES BE SUSPENDED OR TERMINATED BECAUSE OF THE CORONAVIRUS PANDEMIC?

The coronavirus (COVID-19) pandemic has impacted the ability of businesses to perform contractual duties. Governments around the world, including the United States and U.S. states, have imposed prohibitions on going to work, leaving  home,  meetings,  travel,  eat-in restaurants, and other limitations. This paper discusses when a party may have a […]

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Suggested Guidelines for Persons Subject to Montgomery County Custody Orders During COVID-19

Note: Montgomery County has issued the attached guidelines when exchanging custody of children. These guidelines are good rules to follow, regardless of which county you live in.  For persons seeking guidance regarding existing Custody Orders during the COVID-19 pandemic, the following are recommendations only and are not enforceable via a […]

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Businesses Should Determine Whether Non Performance of Contracts May Be Excused by the COVID-19 Pandemic

In this time of uncertainty, businesses should examine their contracts to analyze the risk of non-performance of obligations and to identify force majeure clauses in light of the COVID 19 pandemic.  Force majeure clauses, and the common law doctrine of impracticability, may excuse non-performance upon the occurrence of unanticipated events […]

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