In 2022, looking back on two years dominated by Covid-19, will parties in contract litigation still be able to make the argument that the pandemic was unforeseeable? Probably not. Since early 2021, with Covid-19 the new normal and the coronavirus feeling a lot less “novel,” courts have increasingly expected parties to have adjusted to pandemic-related issues—from supply chain disruptions to the challenges of remote work. So, for those still wishing to explore such defenses, careful factual research and analysis early in a case will be more important than ever.
Parties raising pandemic-related defenses to breach of contract claims should consider ...