Arbitration Agreements Held Unenforceable in WARN Act Litigation
Delaware’s Judge Shannon protects workers’ rights, disagreeing with some circuit courts.
Judge Name - Do not use it.
Brendan L. Shannon
%1
Attempt at Reviving Frenville Fails in Delaware
Widespread notice obviated need for allowing a class proof of claim.
Judge Name - Do not use it.
Richard G. Andrews
Delaware Judge Splits with New York by Upholding Reclamation Creditors’ Rights
Judge Walrath disagrees with Judges Lifland and Gonzales on reclamation rights.
Judge Name - Do not use it.
Mary F. Walrath
Gift Cards Denied Priority Status in Delaware, Contravening Prior Delaware Decision
Delaware’s Judge Kevin Gross declines to follow prior decision by visiting judge.
Judge Name - Do not use it.
Kevin Gross
Preference May Be Offset by an Unpaid Administrative Claim, Judge Carey Rules
Automatic disallowance under Section 502(d) held not applicable to administrative claims.
Judge Name - Do not use it.
Kevin J. Carey
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.
Judge Name - Do not use it.
Kevin Gross
Complex Litigation Can Beat a Valid Forum Selection Clause
Enforcement of a forum selection clause is sometimes not mandatory, Delaware judge says.
Judge Name - Do not use it.
Christopher S. Sontchi
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.
Judge Name - Do not use it.
Kevin J. Carey
Valuation Date Chosen to Avoid ‘Gamesmanship’
Early valuation aids a debtor in stripping off during an up market.
Judge Name - Do not use it.
Brendan L. Shannon
Judges Sontchi and Drain Agree on Treatment Among Undersecured Creditors
No need for venue-shopping between Delaware and New York for undersecured creditors.
Judge Name - Do not use it.
Christopher S. Sontchi