News and Analysis
Oral arguments over STG Logistics’ LME put to the test how far Mitel can go
- Jane Komsky
•20 min read
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Parties will have to await a written decision in STG Logistics’ litigation, as unlike for Hunkemoller, which was before the same New York State Supreme Court judge, no bench decision was issued.
At STG’s oral arguments 12 August before Judge Anar Patel, counsel on behalf of the company, the minority lender plaintiffs, the participating lender defendants and the agent Antares — who also had entities that were participating lenders — primarily focused on:
- Standing — which primarily focused on arguments related to no action clauses; and
- Breach of contract — which primarily focused on sacred rights and differentiating from Mitel.
And, to a lesser extent:
- Declaratory judgment;
- Good faith and fair dealing; and
- Exculpation.
