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3rd Circuit

Third Circuit Precludes WARN Act Liability for Acquirers in Typical LBOs

Common ownership and management aren’t enough to prove ‘single employer’ liability.

3rd Circuit

Class Claims Not Categorically Barred in Bankruptcy, Delaware Judge Rules

Failure to notice all class members was pivotal in permitting a class proof of claim.

3rd Circuit

Delaware’s Judge Gross Differs with Second Circuit on the Safe Harbor

Judge Gross finds Judge Gerber in Lyondell more persuasive than the Second Circuit in Tribune.

3rd Circuit
Delaware

Plan Permitted to Stretch Out Redemption Payments Following a Tax Sale

Courts split on whether failure to redeem on time is fatal in a reorganization.

3rd Circuit
Pennsylvania
Pennsylvania Eastern District

Complex Litigation Can Beat a Valid Forum Selection Clause

Enforcement of a forum selection clause is sometimes not mandatory, Delaware judge says.

3rd Circuit
Delaware

Lender Can’t Use Corporate Structure to Waive a Company’s Right to File Bankruptcy

Delaware’s Judge Carey slams the door on waivers of the right to file chapter 11.

3rd Circuit
Delaware

Each Third Party Release Must Be Economically Justified, District Judge Holds

Small case is making big Third Circuit law on confirmation of chapter 11 plans.

3rd Circuit
New Jersey

Did Segal v. Rochelle Survive Butner and Adoption of the Bankruptcy Code?

Courts use four approaches to harmonize Butner with Segal v. Rochelle.

3rd Circuit
Pennsylvania
Pennsylvania Western District

Recent Decisions Bar Cramdown on Mixed-Use Principal Residences

Newark and Buffalo judges read 1322(b)(2) narrowly and in favor of mortgage lenders.

3rd Circuit
New Jersey

Clark v. Rameker’s Gaping Loophole Allows Debtors to Retain Inherited IRAs

State law overrides ‘significant policy concerns’ in Supreme Court decision.

3rd Circuit
New Jersey
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