The doctrine of impossibility as a defense to non-performance is fact specific and depends on the specific language of the contract, we encourage you to seek out a lawyer to analyze your agreement ...

Here, the tenant "pled an affirmative defense of legal impossibility in its proposed amended answer, within one (1) month of serving its answer, notice was given to the petitioner, ...

Villa Roma Resort & Conference Center, 55 Misc.3d 780, 52 N.Y.S.3d 621 (Queens Co. 2017), is one of the rare cases where an impossibility defense has survived motion practice.

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In this case, more than 1,000 patients sued drug manufacturer Merck for injuries allegedly arising from use of its FDA-approved prescription drug Fosamax. Merck raised impossibility pre-emption as a ...

The Supreme Court held 5-4 that defendants asserting impossibility pre-emption had to produce “clear evidence” that the FDA would have prohibited an additional warning, ... Merck’s pre-emption defense ...