On March 25, 2020, Florida’s Second District Court of Appeal issued its panel decision in Doe v. Natt, 2D19-1383, 2020 WL 1486926 (Fla. 2d DCA Mar. 25, 2020). A copy of the decision is available here. The facts of the case are as astonishing as its holding.
Under the COVID-19 stimulus package, formally titled the Coronavirus Aid Relief and Economic Security Act (“CARES Act”), which the President signed into law on March 27, 2020, taxpayers who have been unable to carry back net operating losses originating after 2017 based on recent changes to the Internal Revenue Code (“IRC”) have been provided substantial relief.
On March 18, 2020, in response to the international pandemic caused by the novel Coronavirus, the President signed the “Families First Coronavirus Response Act” (“the Act”).
Part III of this series explores excuses for nonperformance which may be available to parties under the Uniform Commercial Code Article 2 (“UCC”) for contracts concerning the sale of goods.
Even as expanding corridors of the world are sheltering in place to “flatten the curve” of the Coronavirus, many sectors of the international economy continue to operate, albeit differently than ever before.
On March 25, 2020, the Third DCA issued its panel decision in Island Travel & Tours, Ltd. v. MYR Indep., Inc., 3D16-1364, 2020 WL 1451990, at *3 (Fla. 3d DCA Mar. 25, 2020), which reaffirmed application of the independent tort doctrine to bar common law tort claims in business litigation cases where there is already a contract between the parties.
When applying both doctrines, courts look to whether the contingency at issue was foreseeable at the time the parties entered into the contract.
The spread of COVID-19 threatens to devastate South Florida’s economy, which relies heavily on its hospitality industry.
As the world braces for a possible prolonged battle with the coronavirus pandemic, the effects will most assuredly have wide-ranging impacts on business and contractual relationships.
On January 29, 2020, the Seventeenth Judicial Circuit announced a restructuring of its Appellate Division.
