Key Piece of Uniti Motion to Dismiss Windstream Claim Denied (1)

A key count in Uniti Group Inc.’s motion to dismiss Windstream Holdings Inc. litigation against it over their master lease agreement was denied by U.S. Bankruptcy Court Judge Robert Drain.

• Denial of the first count, that Windstream lacks standing to pursue re-characterization, raises the likelihood that the lease disagreement will be resolved at the trial scheduled for next year or ongoing mediation, instead of the dismissal motion
• Drain deferred ruling on the second count, that the lease should be considered a lease of real property
• The final three counts in the motion to dismiss were granted in part...