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In re Hitz: Bankruptcy Case Shows Why Force Majeure should be De Rigueur in the Age of Coronavirus

USA - June 16 2020 Over the past three months, as COVID-19 threatened to spread to more and more Americans, nearly every state-imposed restrictions — or outright…

Woods Drinkwater

Court Upholds Force Majeure Defense for Missed Rent

USA - June 24 2020 In a decision considered the first of its kind, a court held that government restrictions to combat the spread of COVID-19 "qualify as a force majeure…

Woods Drinkwater, Beth Huffman

Non-Judicial Foreclosure and the FDCPA: How the Supreme Court’s Looming Decision in Obduskey v. McCarthy & Holthus LLP Could Affect Law Firms and Collections Agencies Alike

USA - January 22 2019 The United States Supreme Court heard oral argument in the case Obduskey v. McCarthy & Holthus LLP on January 7, 2019. The Court’s ruling in this case…

Is it an Executory Contract? Don’t Be So Sure(ty)!

USA - October 18 2021 In the ever-churning waters of the Countryman test for determining whether a contract is executory, the United States…

5th Circ. PPP Ruling Doesn't Doom Debtors Seeking Loans

USA - July 17 2020 On June 22, U.S. Circuit Judge Judge Jerry Smith issued a short, three-page opinion in the case Hidalgo County Emergency Service Foundation v…

Shane G. Ramsey