Govt. Claims/Sovereign Immunity

ERISA Claims Resolved in Bankruptcy Court, Not Through Arbitration

With two federal statutes in conflict, Delaware’s Judge Goldblatt found a rebuttable presumption in favor of enforcing arbitration.

No Condemnation When Government Takes Over Property to Prevent Public Injury

No reverse condemnation occurred when the state took over a debtor’s property to prevent an imminent threat to public health.

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