Bad facts sometimes make for bad law. In recent litigation against assignees of leases, this has clearly been the case. This article discusses the recent California case of Wells Fargo Bank Minnesota, N.A. v. B.C.B.U. to illustrate how confusion can occur with parties from two different states following two different articles in the Commercial Code, and how courts deal with the conflicting Article 9 and Article 2A.... read more

January/February 2007

This edition of Dispatches discusses the “hell or high water” clause. Any lessor that has ever had to defend a claim of defective equipment should be aware of the various tricks counsel uses to avoid the infamous clause. This article uses Georgia’s Colonial Pacific case to provide a detailed analysis of such an attack. ... read more

January/February 2007