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The Barton Doctrine After Dismissal: Protection Denied

USA - November 2 2020 The United States Court of Appeals for the Eleventh Circuit recently issued an opinion that calls into question the long-held Barton doctrine…

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…

John T. Baxter, Beth Huffman

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…

John T. Baxter

No Dice: State Law Precludes Recovery of $50,000,000 Gaming License Fee

USA - January 14 2020 In 2007, Philadelphia Entertainment and Development Partners, LP dba Foxwoods Casino Philadelphia ("Plaintiff") secured a gaming license from…

Shane G. Ramsey

Poor Foresight on an Intercreditor Agreement Waterfall Provision

USA - July 9 2019 The United States Court of Appeals for the Third Circuit issued an opinion in Delaware Trust Company v. Morgan Stanley Capital Group, Inc., Wilmington…