Mitchell Taraschi, Chair of Connell Foley’s Product Liability and Tort Law Group, was quoted in a recent article published by the New Jersey Law Journal, "Settlements Abound as Few Look to 'Test the Waters' on Force Majeure Litigation.”
The article takes a look at the how the pandemic has affected the litigation of contract cancellations based on force majeure. With a shortage of materials resulting in massive delays to many construction projects and a court system facing a long backlog of cases, parties are hesitant to resort to the courts. Mitch states, “The uncertainty of going to a courtroom makes everybody leery of following that path. I don’t think anybody wants to test the waters. Even if you think you have the grounds to terminate, who knows what a jury is going to do?” Since case law on point is “virtually nonexistent,” the fear of the unknown is resulting in many disagreements ending in settlements. “It’s been remarkable how most parties have tried to work it out,” he adds.
Click here to read the full article on the New Jersey Law Journal website (subscription may be required).
