Counsel Brendan Everman recently authored an article for the Los Angeles Lawyer magazine, titled "Force Majeure and COVID-19 Live Event Cancellations," where he discussed ongoing and future legal considerations for those affected by coronavirus fueled cancellations. 

In his article, Everman examines the complicated issue of whether or not the COVID-19 outbreak "constitutes a force majeure event that excuses a party's nonperformance of contractual obligations if an unforeseeable event prevents such performance." According to Everman, "...there is no clear legal precedent for how courts would apply force majeure clauses or the impracticability doctrine to the coronavirus outbreak," yet the coronavirus outbreak has already resulted in a "flood of lawsuits." 

While we undoubtedly expect to see even more lawsuits in the coming months, our understanding of how the courts will handle these matters will evolve as we continue to understand the unfolding impact of coronavirus, as well as the specific circumstances of each event.

However, Everman states that "[event] organizers and other companies involved in events should prepare themselves for the reality that when the COVID-19 crisis subsides, the courts will be interpreting the legal fallout for years."

To read the article, click here

To view the full magazine on the LA County Bar Association website, click here

Originally published May 6, 2020.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.