Author Archives: James Claymon

Author: Greg Gnepper

Issue: May 25, 2018

On May 10, we marked the 125-year anniversary of Nix v. Hedden, 149 U.S. 304 (1893).  In this historic decision, the United States Supreme Court gave its definitive answer to an age-old question:  Are tomatoes considered fruits or vegetables?

The case started when Congress passed the Tariff Act of 1883, which imposed a tax on imported vegetables.  Mr. Nix sued the port authority for assessing the tax on his tomatoes.  He cited botanical classifications and noted that tomatoes grow on vines and contain seeds—like fruit. 

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Author: Camila Alarcon

Issue: May 21, 2018

Online Sales and Delivery of Alcohol

Arizona Attorney General Mark Brnovich issued an opinion, dated April 6, 2018, on the sale and delivery of alcohol, and the use of websites and mobile device applications for the delivery of alcohol. This opinion changes or clarifies, depending on your point of view, the following common practices:

• Those businesses that can receive orders online need to ensure that orders are not placed or transmitted between 2:00 a.m. and 6:00 a.m. This includes retailers with off-sale privileges, direct shipment licensees, farm wineries, and craft distilleries.

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Author: Mike King

Issue: May 16, 2018

QUESTION: WHAT COLOSSAL MISCUE CAUSED A CREDITOR TO LOSE ABOUT $78,000 WORTH OF COLLATERAL?
ANSWER: INADVERTENTLY OMITTING THE LETTER “T” FROM THE DEBTOR’S MIDDLE NAME INVALIDATED THE UCC-1 FINANCING STATEMENT!

What’s in a name?

Ronald Markt Nay bought two Terex Dump Wagons with loans from LEAF Capital Funding, LLC (“LEAF”).  One loan was for $41,000 and the other loan was for $36,950.  LEAF filed UCC-1 financing statements with the Indiana Secretary of State’s Office to perfect its liens against the two dump wagons. 

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Author: Gammage & Burnham

Issue: May 3, 2018

Cheers to 35 Years!

Read the full Newsletter:

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