In a decision sure to be cheered by Wall Street bond analysts and investors alike, on November 18, 2004, the United States District Court for the Northern District of Illinois overruled a March 2004 order by the bankruptcy court overseeing the United Airlines (United) chapter 11 cases to find that the subleases underlying United’s San Francisco airport facility bonds are true leases within the meaning of section 365 of the Bankruptcy Code.

In <I>Davis v. G.N. Mortgage Corporation</I>, 396 F.3d 869 (7th Cir. 2005) the borrowers challenged a prepayment provision in their mortgage documents based on breach of contract and common law fraud. The challenge was rejected.

In an opinion released in May 2004 called <I>Hauser v. Volusia County Department of Corrections</I>, 872 So.2d 987 (Fla. 1st DCA 2004), a Florida appellate court held that when a claimant alleges that he has suffered from toxic mold exposure at work the defense is entitled to inspect the claimant’s home for the presence of mold.

A recent amendment to Rhode Island’s workers’ compensation law extends personal liability for failure to maintain workers’ compensation insurance to partners (both general and limited) of general and limited partnerships and members and managers of limited liability companies (LLCs). The amendment creates potential exposure for limited partners and passive members of LLCs who generally would not be liable for the obligations of the entity.

Retailers are continually searching for a market segment that has yet to be explored. While our nation’s inner cities provide a plentiful source of potential clientele that are in dire need of adequate facilities, many retailers are reluctant to locate businesses in areas that suffer from high crime rates, lower incomes and the many other problems facing urban areas.

Under California law, it is nearly axiomatic that once an employer pays an employee wages, the employer, except under very limited circumstances, cannot offset amounts owed to the employer from an employee’s wages. Employers have toiled with this rule, and have also struggled to determine when, if ever, they can withhold sales commissions from an employee when the employee leaves before the sale is officially consummated, or because the products or services upon which the commission was based we