Anatomy of a Force Majeure COVID-19 Lawsuit: Texas GOP v. The City of Houston
When is a force majeure clause specific enough to excuse performance in the COVID-19 era? We are about to find out.
The Republican Party of Texas (“RPT”) recently filed suit against the City of Houston and its Mayor, Sylvester Turner (“Mayor Turner”), Houston First Corporation (“HFC”) and its President, Brenda W. Bazan (collectively the “Houston Defendants”) for cancelling the contract to hold the Texas Republican Convention in Houston between July 13 and 18, 2020. The City’s action came as Texas consistently posted (and, as of the date of this article, continues to post)
Round Two: New Face Covering Orders Relating To COVID-19
Our fight against the novel coronavirus in Texas is not going well.
The State quickly reopened for business after a lengthy shelter-at-home period. Newly reported cases and hospitalizations in Texas for the month of June have reached unprecedented levels. Under pressure from the mayors and county judges from the State’s largest population centers, Governor Abbott recently clarified that local authorities have the power to mandate that businesses require employees and visitors to wear face coverings.
Reminiscent of the patchwork of shelter-at-home orders that Texas cities and coun
Release Me! Releases Of Liability In The COVID-19 Era
And there it is, just like that. Attended the rally for President Trump in Tulsa? Then, you were required to agree to the following COVID-19 release.
By clicking register below, you are acknowledging that an inherent risk of exposure to COVID-19 exists in any public place where people are present. By attending the Rally, you and any guests voluntarily assume all risks related to exposure to COVID-19 and agree not to hold Donald J. Trump for President, Inc.; BOK Center; ASM Global; or any of their affiliates, directors, officers, employees, agents, contractors, or volunteers liable for
Should v. Must: Labor Union Sues OSHA Over COVID-19 Standards
As children, we quickly learn the difference between “should” and “must”, particularly when it comes to homework, chores, and eating nutritious foods. On May 18, the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), the largest federation of unions in the United States, initiated legal proceedings seeking to compel the Occupational Safety and Health Administration (OSHA) to issue mandatory workplace standards, a must, rather than the current guidelines, a should.
Since the beginning of the outbreak, the AFL-CIO and a number of other labor unions hav
Minding Your P’s: Proposed Amendments to the Payroll Protection Program (PPP)
In recent days, the United States Congress has taken up modifying the Payroll Protection Program (PPP). Last week, the House of Representatives passed a bill that made significant changes to the Program. The Senate has yet to pass the House bill or its own bill to modify the PPP.
The House bill broadens the length of time for an employer to use its PPP loan as well as how the employer may allocate the loan funds. In particular, the bill modifies the following provisions of the PPP.
Increases the time limit in which the loan funds can be used from 8 weeks to 24 weeks so that businesses can