A Takings Clause Reaches Shutdown Orders a Force Majeure Clause Misses
Free People kept storing inventory and shipping online orders from its Meatpacking District store while New York's shutdown orders were in force, and the district court called that enough occupancy to owe rent. The Second Circuit reversed a $6.7 million judgment, holding that the lease's takings clause protected the ability to operate a store, which is not the same thing as holding the keys.