Lessons You Should Learn From The Sig P320 “Voluntary Upgrade”

Over the past several weeks, a series of incidents and reports have surfaced indicating that not only can Sig Sauer, Inc.’s (Sig Sauer) P320 pistol fire when dropped, but that Sig Sauer may have been aware of the defect for a substantial period of time prior to these recent incidents and reports. For example, in early August, the Dallas Police Department suspended use of P320 pistols due to drop f...
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Renzulli Law Firm Achieves Substantial Settlement For Injury Victim

As reported in the New York Daily News, Renzulli Law Firm, led by its Founder John Renzulli, secured a $3.85 million settlement on behalf of its client, Jesus Santiago, who had been severely injured when a tree fell on him in Brooklyn. The tree fell on Mr. Santiago as he was on his way home from work inflicting Mr. Santiago with more than two dozen fractures and crushing his internal organs.  The ...
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Steyr Arms Files New Patent Infringement Action Against Sig Sauer, Inc.

Steyr Arms, Inc. (“Steyr”) has filed a patent infringement action against Sig Sauer, Inc. (“Sig”) alleging that several of Sig’s pistol models – including the P250 and P320 – infringe one of its patents.  In the lawsuit, which was filed in May in the U.S. District Court for the Northern District of Alabama, Steyr alleges that Sig’s pistols infringe Patent No. 6,260,301 (“the ‘301 Patent”) entitled...
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Supreme Court Nixes Law Against Disparaging Trademarks

In a significant ruling this week, the U.S. Supreme Court struck down a portion of the Lanham Act that permitted the U.S. Government to bar the registration of “offensive” trademarks.  The provision, often referred to as the “disparagement clause” of the Lanham Act, prohibited the registration of trademarks “which may disparage … persons, living or dead, institutions, beliefs, or national symbols,...
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New Jersey State Police Sues Sig Sauer, Inc.

The State of New Jersey filed a lawsuit against Sig Sauer, Inc. (“Sig”) in New Jersey Superior Court in Mercer County on April 27, 2017. The complaint, a copy of which can be read here, alleges that the New Jersey State Police (“NJSP”) selected the Sig P229 as its duty weapon in 2014.  The complaint alleges that when first used during a firearms qualification session in September 2014, the P229 ha...
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Patent Infringement In Focus: U.S. Supreme Court Clarifies Venue Rules for Patent Infringement Lawsuits

The United States Supreme Court recently clarified how the patent venue statute applies when a patent infringement lawsuit is brought against a domestic (U.S.) corporation.  The case, TC Heartland, LLC v. Kraft Foods Group Brands, LLC, No. 16-341 (decided May 22, 2017), involved a patent infringement lawsuit brought by Kraft Foods Group Brands, LLC (“Kraft”), a Delaware corporation, against a comp...
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Renzulli Law Firm Achieves Substantial Victory in the Indiana Supreme Court

On April 24 2017, the Indiana Supreme Court issued a unanimous decision in favor of Renzulli Law Firm, LLP’s clients KS&E Sports and Edward J. Ellis in a case that had been brought against them by Dwayne H. Runnels.  KS&E Sports had sold a handgun to Tarus Blackburn, who was alleged to have straw purchased it on behalf of a convicted felon, Demetrious Martin.  Two months after Blackburn so...
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SHOT Show 2017 Wrap-Up

Renzulli Law Firm led two lively and informative seminars this year at SHOT Show 2017, one called “Ask a Firearms Attorney” and one on “Intellectual Property”.  During our “Ask a Firearms Attorney” seminar we highlighted a range of hot topics facing the Industry, including political issues, legislative trends, prominent Industry litigation and the Protection of Lawful Commerce in Arms Act (PLCAA)....
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RLF Victory: Summary Judgment Granted on Injury Claims

RLF recently obtained summary judgment in a personal injury case on the basis that the plaintiff did not sustain “serious injury” as defined by Insurance Law § 5102(d).  In granting the motion for summary judgment and dismissing the case, the Supreme Court of Nassau County held that defendants established their burden by proving plaintiff’s miscarriage was not causally related to the accident, and...
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Seventh Circuit Invalidates Chicago Regulation Effectively Prohibiting Firing Ranges

The United States Court of Appeals for the Seventh Circuit in Ezell v. City of Chicago, Nos. 14-3312 & 14-3322, recently invalidated three Chicago regulations that drastically limited where firing ranges could be located within city limits and who could enter those ranges. The location-related regulations limited the operation of firing ranges to manufacturing districts in Chicago and prohibit...
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Suicide Prevention Resources for Shooting Ranges and Retailers

The National Shooting Sports Foundation (“NSSF”) and American Foundation for Suicide Prevention (“AFSP”) recently announced at the SHOT Show in Las Vegas a partnership to educate the public and industry members about suicide prevention as it relates to firearms. The partnership aims to educate firearm owners about suicide, its warning signs, risk factors and the importance of securely storing fire...
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ATF Adopts Noteworthy Changes To Form 4473

The ATF has adopted a new Form 4473 that all FFLs must use beginning on January 16, 2017. Several of the changes on the new Form 4473 clarify current laws that already apply to firearm sales made before the revised forms must be used. Two of those changes are of particular relevance. First, the new Form 4473 clarifies the instruction for question 11(a) regarding when the person is completing th...
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Recent Developments in “Microstamping” Legislation

The Court of Appeals of the State of California, Fifth Appellate District, in National Shooting Sports Foundation, Inc. v. California, Case No. F072310 (Cal. Ct. App.), recently reversed a lower court’s ruling dismissing the NSSF’s petition to enjoin enforcement of California’s requirement that manufacturers “microstamp” all new semiautomatic pistols sold in the state. “Microstamping” generally re...
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Medical Device Reporting Requirements

Medical device manufacturers are required to report to the Food and Drug Administration (“FDA”) within thirty days after receiving or otherwise becoming aware of information, from any source, that reasonably suggests that a device they manufacture may have caused or contributed to a serious injury or death, or has malfunctioned and the device or a similar device is likely to cause or contribute to...
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BREAKING NEWS: Renzulli Law Firm Achieves Major Victory In Sandy Hook Case

Connecticut Judge Barbara Bellis just granted the defendants’ motion to strike all of the plaintiffs’ claims in Soto v. Bushmaster Firearms International, LLC, et al. A copy of the decision can be found here. The Soto case arose from the December 14, 2012 shooting at the Sandy Hook Elementary School in Newtown, Connecticut. Plaintiffs filed a lawsuit against the manufacturer of the Bushmaster XM-1...
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Another Victory For the Second Amendment: Federal Court Strikes Down Firearm Restrictions

On September 28, 2016, in Murphey v. Guerrero, Chief Judge Ramona Manglona of the U.S. District Court for the District of the Northern Mariana Islands declared several key aspects of the Weapons Control Act and Special Act for Firearms Enforcement of the Commonwealth of the Northern Mariana Islands (“CNMI”) to be unconstitutional on the basis that they violate the right to keep and bear arms prote...
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Federal Appeals Court Hears Challenge To Hotly Contested D.C. Conceal Carry Law

This week, the United States Court of Appeals for the District of Columbia Circuit heard oral arguments in two closely-watched cases challenging Washington D.C.’s strict concealed carry laws, Wrenn et al. v. District of Columbia et al., and Grace et al. v. District of Columbia et al. Both cases involve challenges to the District of Columbia's “may-issue” concealed carry law found at D.C. Code § 22...
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Renzulli Law Firm, LLP in the News

Christopher Renzulli appeared before Indiana’s highest court -- the Supreme Court of Indiana – on Wednesday on behalf of an Indiana firearms retailer and its owner concerning the application of an Indiana Statute, I.C. 34-12-3-3, that prohibits civil lawsuits for claims against a firearms seller for “recovery of damages resulting from the criminal or unlawful misuse of a firearm or ammunition for ...
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Keeping The Foreign Corrupt Practices Act In Focus

As the 15th Annual Firearms Import/Export Conference confirmed, the U.S. Department of Justice (DOJ) remains dedicated to Foreign Corrupt Practices Act (FCPA) enforcement.  The FCPA is complex and nuanced but, in a nutshell, prohibits bribes to foreign officials. In April, DOJ announced that it was in the process of dedicating significantly greater resources to the FCPA by adding 10 new prosecutor...
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Protecting Your Federal Firearms License and Minimizing Violations During a Compliance Conference

Renzulli Law Firm, LLP regularly represents federal firearms licensees who receive a report of violations from the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) based on a compliance inspection. We recently represented federally licensed firearms dealers in the ATF’s Dallas and Houston Field Divisions with regard to reports of violations they had received at the conclusion of compli...
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Federal Law Opens Door To “Ex Parte” Seizures Under Trade Secrets Act

There is a new and potentially powerful tool available to protect trade secrets – ex parte seizures. The Defend Trade Secrets Act (DTSA), enacted May 11, 2016, implements a federal civil cause of action for trade secret misappropriation.  Among its remedies, the DTSA permits injunctive relief, the recovery of damages for misappropriation, attorney’s fees for willful conduct and ex parte seizures u...
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Hearing Loss Claims in Firearms Litigation

In recent months, we have seen an upward trend in claims being made by individuals alleging hearing loss as a result of firearm noise.  Litigants have asserted such claims against firearms manufacturers, distributors, and retailers, as well as shooting ranges and the manufacturers of ammunition, suppressors, hearing protection, and other firearms accessories. Our Firm has extensive experience in l...
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Successfully Navigating the Complex Maze of Firearm Import and Export Laws

The laws governing the import and export of firearms are complex and regularly changing. Numerous federal agencies, including the Department of State, the Department of Justice, the Department of Homeland Security, and the Department of Commerce have jurisdiction regarding the import and export of firearms. Renzulli Law Firm, LLP regularly counsels its firearms industry clients regarding the requ...
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Spotlight on Asbestos Litigation

March 5, 2015: The current New York asbestos litigation landscape is changing. There are approximately 3,101 active cases pending in New York City Asbestos Litigation (“NYCAL”), ongoing negotiations on the Case Management Order (“CMO”) which seeks to change the current New York City asbestos litigation procedures and a sharp increase in the number of asbestos-related commercials on television. One...
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NSSF Recognizes Big Win

In their most recent issue of Bullet Points, National Shooting Sports Foundation featured Renzulli Law Firm’s summary judgment and sanctions win for Beemiller and MKS Supply. For further information concerning this litigation, please contact Christopher Renzulli.
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Audio: Christopher Renzulli in Ninth Circuit Oral Argument

Renzulli Law Firm achieved one of the major defense victories in 2009. Ileto v. Glock, Inc., et al., 565 F.3d 1126 (2009) was a significant test of the Protection of Lawful Commerce in Arms Act (PLCAA) in the Ninth Circuit Court of Appeals. The case was highly publicized in media outlets around the Country following Bufford Furrow’s shooting of several children at the North Valley Jewish Co...
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Renzulli Law Firm Wins Complete Dismissal for Shotgun Manufacturer

On June 22, 2009, the Court of Appeals for the Eleventh Appellate District in Portage County, Ohio issued a decision affirming an order granting summary judgment in favor of O.F. Mossberg & Sons, Inc. and Maverick Arms, Inc. and dismissing the complaint against them in its entirety. On December 26, 2002, Plaintiff, Nathan Gay, then sixteen years old, was shot by his friend, Billy Clayton, Jr....
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Preventative Product Liability: Warnings and Instructions

Manufacturers have a duty to provide consumers with reasonable warnings and instructions regarding the risks associated with their products. Courts examine several factors in determining whether a manufacturer has a duty to warn consumers of a particular risk. Included amongst these factors are the gravity of the risks posed by the product, the likelihood that it will cause injury to an uninformed...
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Sports Law: Assumption of Risk and Judicial Review of Torts in Athletics

The majority of U.S. jurisdictions hold that voluntary participants in athletic contests owe no duty of care to each other to reduce or eliminate the risks of harm that are inherent in the sport itself.  Knight v. Jewett, 3 Cal. 4th 296, 316-20 (1992); Gauvin v. Clark, 537 N.E.2d 94, 97 (Mass. 1989).  The rationale often given is that the plaintiff has assumed such risks because he has consented t...
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RENZULLI LAW FIRM WINS COMPLETE DISMISSAL

Renzulli Law Firm successful won a complete dismissal in Werner v. Pars & Strikes, a case previously pending in the New York Supreme Court, County of Richmond.  Our firm represented the defendant in the litigation. This matter was commenced by Stephanie Werner, a teenager, and her mother against a recreational facility.  Among the many attractions at the recreational facility were a series ...
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On Gun Suits Against Out-of Towners, Mayor Finds an Opponent in the City

As mayors across the nation link arms with Mayor Bloomberg in his campaign against illegal guns, another battle is just heating up in Brooklyn Federal Court. Seven of the 15 out-of-state gun dealers targeted by a lawsuit filed by the city in May have pledged to fight City Hall's charges that they were a nuisance to the city due to negligent sales. Experts said the case contains several unpreced...
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FTC: Sharing Board Members May Be Antitrust Violation

The Federal Trade Commission (FTC) has vowed to increasingly scrutinize companies that share common board members. FTC Chairman Jon Leibowitz made the pronouncement in October shortly after Apple board of director's member Arthur Levinson resigned from Google, Inc.'s board without providing an explanation. In a statement released by the FTC, Leibowitz hinted that Levinson's resignation was the res...
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DOJ Reinforces Focus On Financial Fraud

The Department of Justice has hired a 'rock star' to lead the Department's Criminal Fraud section. Denis McInerney, a former partner at Davis Polk, has a long history of litigating white collar cases, including assisting in the Whitewater investigation and defending Arthur Andersen during the Enron meltdown. It had long been rumored that DOJ was seeking a 'rock star' to lead the section and that D...
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General Contractor Obtains Summary Judgment in New York Labor Law Case

We recently obtained a dismissal of an interesting lawsuit that was pending in the New York Supreme Court, County of Queens.  Our firm represented the defendant general contractor in the litigation. This case was brought by an electrician who fell off a ladder during the construction of a restaurant in the food court of the Manhattan Mall in New York City.  Plaintiff alleged that as he was stan...
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Eminem Takes on iTunes

The ease of putting 1,000 songs in your pocket is apparently coming at the expense of the artists who made those songs, at least according to hip-hop superstar Eminem. Eminem (whose real name is Marshall Mathers) has filed suit through his publishing company, Eight Mile Style, and another plaintiff Martin Affiliated, alleging that 93 songs are unlawfully available for digital download via iTunes. ...
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Weinstein Co. Learns to Put it in Writing

Sometimes its just as simple as "put it in writing." Harvey Weinstein, the legendary producer and co-founder of Weinstein Co. has suffered a substantial setback in series of state and federal cases over rights to "Precious: Based on the Novel 'Push' By Sapphire." Weinstein Co. claims it bought the film just days before Precious' agent John Sloss announced it had been sold to rival production compa...
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Renzulli Law Firm Secures Major Victory in 9th Circuit

NEWTOWN, Conn., May 11, 2009 /PRNewswire-USNewswire via COMTEX/ -- The United States Court of Appeals for the Ninth Circuit ruled today that the Protection of Lawful Commerce in Arms Act (PLCAA) requires the dismissal of the Ileto v. Glock, RSR, case originally filed in August 2000. "This is exactly the kind of case that Congress had in mind when it passed the Protection of Lawful Commerce in ...
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Supreme Court to Review Business Method Patents

The U.S. Supreme Court is set to decide whether business method patents, such as many software patents, are valid. The high court will answer two questions: (1) whether the Federal Circuit erred in its holding that a process must be tied to a particular machine or apparatus, or that it must transform a particular article into a different state or thing to be eligible for patent protection (also kn...
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