In re: Energy Future Holdings — bankruptcy — affirmance — Greenaway

A bankruptcy court order granted reconsideration about a year after approving a merger, and under the new ruling the would-be merging corporation no longer was entitled to a $275 million termination fee. The would-be merger appealed, of course, arguing that the reconsideration motion was untimely and wrong on the merits. Today, a divided Third Circuit panel affirmed.

Joining Greenaway was Fuentes; Rendell dissented, arguing that reconsideration was granted without a clear error to correct and that the bankruptcy court’s analysis of the merits was flawed. Arguing counsel were Howard Seife of Norton Rose for the would-be merger, and Douglas Hallward-Driemeir of Ropes & Gray and Michael McKane of Kirkland & Ellis for the various appellees.