Press & Publications | Renzulli Law Firm

UNITED STATES SUPREME COURT HEARS ORAL ARGUMENT ON ATF’S “GHOST GUN” REGULATION

October 9, 2024 - This week, the Supreme Court heard arguments in Garland v. VanDerStok. As you may recall from our prior Blasts on this case, the questions presented to the Court are: (1) whether a parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile is a firearm under the Gun Control Act (“GCA”); and (2) whether a partially...

October 4, 2024 - RLF recently secured another victory for a firearm industry client that manufactures a diverse selection of handguns and long guns. RLF obtained an Order excluding Plaintiffs’ “gun expert” from testifying at trial. In the case, Plaintiffs claimed that the subject pistol drop-fired while he was in a bathroom. In an effort to support their claims, Plaintiffs offered the testimony...

Last week, we stepped out of the office and headed to the range. Our attorneys and staff enjoyed a day of shooting a variety of firearms, including handguns and rifles. Our session was led by prominent firearms trainer Emanuel Kapelsohn and his top-notch assistant trainers. Our “range day” is not only an opportunity for our attorneys and staff to step outside of the office and the courtroom...

On June 14, 2024, the U.S. Supreme Court issued a decision (“Opinion”) striking down the ATF’s Rule that banned bump stocks. Contrary to main-stream media’s accounts, the Supreme Court did not legalize machineguns last Friday. The Supreme Court merely upheld a bedrock principal of our form of government – Congress makes the laws and the Executive Branch (including the Presid...

May 7, 2024 - On September 13, 2023, the New York State Firearms Association (“NYSFA”), a nonprofit that advocates for Second Amendment rights, and three individuals (including one state senator and one state assemblyman) filed a lawsuit in federal court against the superintendent of New York State Police challenging the validity of New York’s recent laws requiring a background check for ammuniti...

March 21, 2024 - In 2019, an employee of a company in California shot and killed another employee using a semi-automatic pistol manufactured by one of RLF’s clients. The family of the victim sued the shooter, the employer, and the manufacturer of the pistol. RLF immediately moved to dismiss the case based on the federal immunity law, the Protection of Lawful Commerce in Arms Act (“PLCAA”). Howeve...

February 1, 2024 - RLF achieved another victory for one of its firearm industry clients in a lawsuit alleging negligent entrustment of a firearm. The firearm retailer named as a defendant in the case completed all the required paperwork and ran a background check through New Hampshire’s point of contact system. The state’s Department of Safety responded with a “delay” response. Several days after...

August 3, 2023 - RLF achieved another victory for one of its firearm industry clients in a recently filed lawsuit pursuant to Section 128.053 of the Texas Civil Practice and Remedies Code. RLF represented a shooting range located near Dallas, Texas. The Plaintiff claimed that he sustained significant hearing loss at the shooting range because he was sold insufficient hearing protection. Section 1...

June 28, 2023 - Renzulli Law Firm recently secured a complete dismissal of a product liability case on behalf of a firearm manufacturer. Plaintiff was aware there was an unsecured, loaded semi-automatic pistol in a vehicle while he, another adult, and several juveniles were returning home after an organization sponsored activity. When the adult owner of the pistol left the vehicle, plaintiff to...

June 16, 2023 - Renzulli Law Firm recently secured a complete dismissal of a lawsuit on behalf of one of its firearm dealer clients in Kansas based on an aggressive defense and calculated use of the Protection of Lawful Commerce in Arms Act (PLCAA). Plaintiffs alleged that this Midwest firearms dealer negligently entrusted (sold) a firearm to a customer and violated federal law by completing the...

JUNE 8, 2023 - RLF employees, friends and families enjoyed burgers, beer, music, wine, spirits, food trucks and the best grilling this side of the Hudson River at The Burger & Beer Blast - Westchester’s ultimate block party! We joined more than 2,000 participants who were undeterred by the cloudy skies, a result of the Canadian wildfires. Top local chefs presented their unique take on the al...

On April 14, 2023, the State of Washington’s legislature passed Substitute Senate Bill 5078 (“SB 5078”). This bill is expected to be signed into law by Governor Jay Inslee. The new law is designed to avoid the application of a federal law, which prohibits lawsuits against firearms industry members when their legally sold products are used by criminals to injure or kill others. Washingto...

April 13, 2023 - Renzulli Law Firm successfully convinced a plaintiff to dismiss her product liability case alleging various design and manufacturing defects against a U.S. based firearm manufacturer. Following several procedural and substantive missteps by the plaintiff, RLF responded to the lawsuit by filing a comprehensive motion to dismiss which laid out the fatal errors in the case. In parti...

April 3, 2023 - Renzulli Law Firm secured a complete dismissal of a product liability case on behalf of a U.S. based firearm manufacturer through a motion for summary judgment. Plaintiffs alleged that the subject pistol contained a design defect, and that defect resulted in the pistol discharging after the owner dropped it. RLF proved that the design of the pistol met all industry sta...

December 7, 2022 - The ATF released a new version of the Form 4473 today. According to the ATF, this revised version was necessitated by new statutory requirements implemented though the NICS Denial Notification Act and the Bipartisan Safer Community Act, and to reflect the implementation of Final Rule 2021R-05F (new definitions of “firearm frame or receiver” with new markings requirements – whi...

On Friday, September 30, 2022, Chief Judge F. Dennis Saylor of the U.S. District Court for the District of Massachusetts issued a decisiondismissing Mexico’s lawsuit against the firearms industry in its entirety. Mexico had filed a complaint against seven firearms manufacturers and one firearms distributor on August 4, 2021, claiming that they supply a large majority of the illegal fire...

July 20, 2022 - Mayors Against Illegal Guns (“MAIG”), a coalition of Democratic mayors affiliated with the gun control group Everytown for Gun Safety and its gun control proponent founder billionaire Michael Bloomberg, attended a summit in New York City to plan a simultaneous attack against firearm manufacturers and distributors. Mayors of multiple Democratic controlled cities attended the meetin...

June 23, 2022 - Today, in a 6-3 decision, the U.S. Supreme Court held that New York State’s law requiring a license to carry a handgun in public for purposes of self-defense based on a “proper cause” standard violates the right to keep and bear arms. In New York State Rifle & Pistol Association, Inc. v. Bruen, the majority held that the “Second and Fourteenth Amendments protec...

June 9, 2022 - Renzulli Law Firm attended Westchester Magazine's ultimate party, the Burger & Beer Blast at Kensico Dam Plaza in Valhalla, New York. We sampled burgers, craft beer, wine and spirits from 30 local restaurants and then voted for our favorite burger. This year's winner was Southern Table of Pleasantville, whose Bulleit Burger wowed the masses with its Bulleit bourbon glaze, aged ...

On April 10, 2022, Attorney General Garland signed a Final Rule titled “Definition of ‘Frame or Receiver’ and Identification of Firearms” (“Final Rule”). This 364 page document makes extensive revisions to the Code of Federal Regulations governing commerce in Firearms, including the regulations adopted pursuant to the Gun Control Act (“GCA”), the National Firearms Act, and the Arms Export Contro...

On February 14, 2022, Renzulli Law Firm won a motion for summary judgment dismissing claims against a firearms dealer pursuant to New Hampshire’s firearms industry immunity law. RLF’s client, a federally licensed firearms dealer in New Hampshire, legally sold a firearm to a purchaser. Six weeks later, the purchaser used the firearm to shoot two police officers. The purchaser was...

January 10, 2022 The Gun Control Act (“GCA”) requires all federally licensed firearms dealers to certify that they have secure gun storage or safety devices available for purchase by their customers. On Monday, the DOJ published a new regulation in the Federal Register that expands this requirement. The new rule, which goes into effect on February 3, 2022, applies to all fe...

December 16, 2021 Renzulli Law Firm represented an industry leading manufacturer of safety equipment in a lawsuit pending in federal court in Indiana. Plaintiff claimed that one of defendant’s products, a marine flare launcher, caused her serious injuries due to an alleged defect in design. Plaintiff was using the product in her home for self-defense purposes, and had no intent...

November 3, 2021 Oral argument was held before the United States Supreme Court this morning in the case of New York State Rifle & Pistol Association, Inc. v. Kevin P. Bruen, in his Official Capacity of Superintendent of New York State Police. As previously reported, this lawsuit arises from a challenge to New York’s concealed carry law that requires applicants to make a showing o...

September 21, 2021 The Missouri Court of Appeals issued a decision affirming the dismissal of a case in which plaintiffs alleged that a sporting goods store illegally sold ammunition to a straw purchaser. Renzulli Law Firm represented the store in both the trial court and on appeal. Plaintiffs claimed that the store sold ammunition to a straw purchaser, who was buying it on be...

October 15, 2021 On September 8, 2021, Dick Heller filed a lawsuit against the District of Columbia in the U.S. District Court for the District of Columbia challenging the constitutionality of a new D.C. law purporting to ban the possession or manufacture of “ghost guns” as overly broad and unconstitutionally vague. Dick Heller is the same plaintiff who brought the lawsuit ...

September 24, 2021 On September 21, 2021, the Missouri Court of Appeals issued a decision affirming the dismissal of a case in which plaintiffs alleged that a sporting goods store illegally sold ammunition to a straw purchaser. Renzulli Law Firm represented the store in both the trial court and on appeal. Plaintiffs claimed that the store sold ammunition to a straw purchaser, w...

September 9, 2021 It is being widely reported that President Biden is withdrawing the nomination of David Chipman to be the next Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Mr. Chipman’s nomination was uniformly opposed by firearms industry members and Second Amendment advocates, and widely supported by gun control groups, such as Brady United, Everytown for Gun ...

August 9, 2021 On August 4, 2021, Estados Unidos Mexicanos (Mexico) filed a Complaint in the District of Massachusetts against several firearms manufacturers and one distributor. Mexico deceptively claims that these defendants manufacture a large majority of the illegal firearms used to commit crimes in Mexico, especially those used by drug cartels. Mexico claims that the defendants ...

July 23, 2021 RLF achieved another victory for one of its firearm industry clients by successfully defeating an appeal brought by the Plaintiff in a case against the Long Island Practical Shooters Association (LIPSA). The case involved a competitive quick-draw shooting competition hosted by LIPSA on August 21, 2016. The Plaintiff, who had extensive experience participating in compe...

June 25, 2021 Today the Texas Supreme Court issued a unanimous decision granting a petition for a writ of mandamus filed by Academy, Ltd. d/b/a Academy Sports + Outdoors (“Academy”) to dismiss lawsuits arising from the 2017 church shooting in Sutherland Springs, Texas pursuant to the Protection of Lawful Commerce in Arms Act (“PLCAA”). Plaintiffs in four consolidated lawsuits had argued t...

June 9, 2021 The New York Senate and Assembly recently passed a series of gun control bills targeting the firearms industry at-large, as well as law abiding gun owners in the Empire State. The following are some of the key aspects of the bills that are likely to be signed into law by Governor Andrew Cuomo. Assembly Bill A6762B (passed by both the NY Senate and Assembly) declares the i...

June 7, 2021 On June 4, 2021, Judge Roger Benitez issued a Decision declaring California’s “interlocking statutes” and “complex definition of the ignominious ‘assault weapon’” unconstitutional under the Second Amendment; and he issued a permanent injunction prohibiting enforcement of that law. However, he also issued a temporary stay of his Order for 30 days giving the State time to appe...

May 19, 2021 Democrats on Capitol Hill recently introduced bicameral legislation called the “Equal Access to Justice for Victims of Gun Violence Act” that will open the gun industry to even more frivolous lawsuits. In 2005, the Protection of Lawful Commerce in Arms Act (“PLCAA”) became law. The PLCAA protects the licensed and heavily regulated firearms and ammunition industries fro...

April 26, 2021 For the first time in more than a decade, the Supreme Court is poised to issue a major decision regarding the scope of the right to keep and bear arms protected by the Second Amendment. Earlier today, the Supreme Court granted a petition for a writ of certiorari in the case of New York State Rifle & Pistol Association, Inc. v. Keith M. Corlett, in H...

April 8, 2021 Today, from the Rose Garden, President Joe Biden announced a series of Executive Actions to further the Biden Administration’s gun control agenda. Realizing that Congressional action on gun control is unlikely due to a deeply divided Senate and a filibuster that affords Republicans the ability to block excessive gun control proposals from becoming law, President Biden is, o...

February 5, 2021 UNDERTAKING A RECALL: WHAT A MANUFACTURER SHOULD KNOW Christopher Renzulli and Howard Schilsky of Renzulli Law Firm, LLP were published in the February 2021 edition of Westchester Lawyer Magazine for their article addressing the legal implications of undertaking a recall. Whether to issue a recall of a product, and how to effectively proceed in that endeavor, are s...

February 1, 2021 In the waning days of 2020, the United States Congress enacted and President Trump signed into law the Trademark Modernization Act of 2020 (“TMA”). The legislation establishes a new category of administrative proceeding within the U.S. Patent and Trademark Office (“USPTO”) and may significantly impact the way non-U.S. firearms companies and other clients approach their U...

January 21, 2021 We attended the NSSF’s January 11-14 firearms import-export webinars so that we can pass on the valuable information to those of you who were unable to attend. As many of you know, jurisdiction over the export of the majority of firearms and ammunition was formally transferred from the Department of State to the Department of Commerce on March 9, 2020. Most firearm...

December 4, 2020 Renzulli Law Firm was successful in convincing the Pennsylvania Superior Court (the state’s intermediate appellate court) to withdraw its prior decision declaring the Protection of Lawful Commerce in Arms Act (“PLCAA”) to be unconstitutional. A September 28, 2020 decision by a three-judge panel had held that Congress did not have the authority to enact the PLCAA pur...

November 20, 2020 U.S. Representative Don Beyer (D-VA) and U.S. Senator Chris Van Hollen (D-MD) recently introduced S. 4841, the ATF Improvement and Modernization Act of 2020 (“AIM Act”) which would repeal numerous restrictions on the ATF that have been added to federal law through appropriations bills over the years. Among other provisions, the AIM Act would repeal the “Tiahrt...

September 23, 2020 Litigators in the Lone Star State are the first to admit: justice often doesn’t come swiftly in Texas courts. And parties to lawsuits can attest that when a case drags on through the court system – even where there are strong defenses – it will be a costly endeavor for the client. RLF bucked this trend for its handgun manufacturer client when it was successful in...

August 17, 2020 California’s 2016 ban on so-called “high capacity magazines” (defined as any magazine holding more than ten rounds of ammunition) has been struck down by the United States Court of Appeals for the Ninth Circuit. A three judge panel issued a decision today holding that California’s ban was not narrowly tailored to the state’s interest in preventing mass shootings,...

July 31, 2020 Trademarks are a type of commercial speech. The presence of a trademark on a product assures the marketplace that all goods bearing the mark come from the same source and are of uniform quality. To many, the term “trademark” refers to a word, phrase, or design/emblem that appears on a product or its packaging. While this is true, trademark law in the United States has long rec...

Trademarks help companies communicate with their customers. The presence of a trademark on a product assures the marketplace that all goods bearing the mark come from the same producer and are of uniform quality. The system of trademark registration in the United States is administered by the United States Patent and Trademark Office (“USPTO”). The USPTO generally functions well...

On June 29, 2020, in a unanimous opinion, the Colorado Supreme Court upheld the state’s ban on “large-capacity magazines.” In 2013, the Colorado Governor, John Hickenlooper, signed HB 13-1224 into law. HB 13-1224 banned the sale, transfer, or possession of “large-capacity magazines,” which are defined as “any fixed or detachable magazine, box, drum, feed strip, or similar device capabl...

April 27, 2020The Supreme Court issued its decision today in the Second Amendment case of New York State Rifle and Pistol Association, Inc. v. City of New York, New York. The case involved a Second Amendment challenge to restrictions that the City of New York placed on premises pistol permits that prevented permit holders from transporting handguns (unloaded and in a locked case) to another resi...

April 13, 2020 As noted in our April 10, 2020 blast, some states have closed down firearms dealers based on their non-essential business designation. The majority of states, however, have allowed firearms dealers to remain open for business and demand for firearms is at a record high. Open firearms dealers, like all other businesses, are being urged to practice social distancing.&...

On March 25, 2020 the Superior Court of Pennsylvania affirmed the dismissal of a lawsuit by a customer against a Pennsylvania firearms retailer for slander and allegedly failing to adequately supervise and control its employees during an altercation with a customer. A customer who had lawfully purchased a semi-automatic pistol from the firearms retailer returned two-weeks later and re...

March 23, 2020 To combat the spread of COVID-19, multiple states enacted broad restrictions requiring most businesses to close and ordering Americans to stay at home and ensure they wear an n95-mask if they do need to go outside. To date, the states that enacted these restrictive orders include California, New York, Illinois, Pennsylvania, New Jersey, Ohio, Louisiana, Connecticut, and Del...

Privacy on the internet has been a concern for years and the adoption of laws related to data privacy has been a question of “when,” not “if.” The answer to that question is “now.” The California Consumer Protection Act (CCPA) was enacted in 2018 and creates new consumer rights relating to the access to, deletion and sharing of personal information that is collected by businesses.&nbs...

The Tiahrt Amendment, Public Law 112-55, 125 Stat. 609-610, generally prohibits the ATF from disclosing trace data, and records required to be maintained or reported by federal firearms licensees pursuant to the Gun Control Act, such as acquisition and disposition records, Form 4473s, and multiple sale reports. Exceptions are made for disclosure to law enforcement agencies for use in crimin...

As we recently reported, on March 29, 2019, Judge Benitez of the U.S. District Court for the Southern District of California issued a decision in the case of Duncan v. Becerra holding that California’s ban on the possession of magazines with a capacity of more than ten rounds (“LCM”) violates the Second Amendment and issued a permanent injunction against the continued enforcement of the ban. ...

On January 1, 2018, key legislative amendments went into effect that substantially revised and updated child-related firearm warning requirements in California. Prior to January 1, California law required the following child-related warning, in both English and Spanish, to be placed on the packaging of any firearm, and any descriptive materials that accompany any firearm, sold or transferred in Ca...

Significant changes to California’s Proposition 65 warning regulations will go into effect in two months, on August 30. Enacted in 1986, California’s Proposition 65 (commonly called “Prop 65”) requires businesses to provide a warning regarding products that contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm. Prop 65, especially ...

Throughout the months leading up to the implementation of the EU General Data Protection Regulation (GDPR) -- the EU’s radical overhaul of data privacy rules and regulations -- we predicted that the states would begin enacting tougher, more stringent data privacy laws. (We even predicted that California would take the lead.) Yesterday, California enacted the California Consumer Privacy Act o...

The U.S. Supreme Court has ruled that states can compel online retailers to collect sales tax. The case, South Dakota v. Wayfair (No. 17-494), overturns two previous Supreme Court decisions and represents a landmark shift in law and policy that will tremendously impact online shopping. Here is the Renzulli Run Down of what you need to know: The Supreme Court’s Opinion was 5 to 4, with Justice K...

A common misconception is that the EU’s General Data Protection Regulation (GDPR) applies only to businesses physically located in the EU. As you know from our previous article (“The Final Countdown To The GDPR Is Here. Are You Ready?”), the GDPR – which becomes officially effective one month from today on May 25, 2018 – is a radical overhaul of the EU’s regulatory scheme, and one of its most sign...

RLF Partner Christopher Renzulli appeared before the Connecticut Supreme Court on November 14 in the Sandy Hook case, Soto v. Bushmaster Firearms International, LLC, et al. The highly-anticipated and widely-covered oral argument represented the culmination of months of briefing on an appeal by the plaintiffs of Connecticut Judge Barbara Bellis’ decision granting a motion by the defendants to...

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. ...

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 sym...

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...

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 Bl...

Renzulli Law Firm, LLP, on behalf of a Pennsylvania indoor shooting range, recently prevailed on a motion to compel the production of information that a personal injury plaintiff posted privately on Facebook. Plaintiff’s lawsuit alleges that he suffered hearing loss from gunshot noise he was exposed to while discharging firearms in defendant’s shooting range. We successfully argued that informatio...

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...

With the "app economy" predicted to double by 2020 to an incredible $101 billion, and the number of new apps quickly rising, app developers (and, frankly, anyone else involved in app development from owners to investors) need to focus on critical legal issues to protect themselves and their apps. An article published by VentureBeat touts a report from App Annie that the app economy is steadily on...

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...

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...

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...

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 complia...

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 seizu...

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...

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 requi...

As many readers know, Maura Healey, the Massachusetts Attorney General, recently issued an “Enforcement Notice” that attempted to “clarify” the definition of “assault weapons” in Massachusetts. Massachusetts General Law chapter 140, section 123 prohibits the sale of statutorily-defined “assault weapons” in the Commonwealth with certain exceptions. Although the Office of the Attorney General mainta...

On February 22, Christopher Renzulli appeared before Judge Barbara Bellis in the Fairfield Judicial District Superior Court in Bridgeport, Connecticut to argue a motion to dismiss a major firearms distributor from litigation that arises out of the Sandy Hook Elementary School shooting on December 12, 2012. The manufacturer, distributor and retailer of the AR-15 rifle used by Adam Lanza are defenda...

On January 27, 2016 a Lewis County, New York jury returned a defense verdict in favor of Copeland Corp, a refrigeration compressor manufacturer, in a personal injury and wrongful death case brought by Sarita Olley who claimed her late husband, David Olley, developed mesothelioma as a result of his alleged exposure to asbestos-containing products, including asbestos-containing gaskets on Copeland c...

H.R. 6381: Will Congress Strip Class III Medical Device Manufacturers of Their Pre-Emption Defenses?

In its February 20, 2008 decision in Riegel v. Medtronic, Inc., 552 U.S. 312, 128 S.Ct. 999, 169 L.Ed.2d 892 (2008) the United States Supreme Court affirmed that the express pre-emption clause in the Medical Device Amendments (MDA) of 1976, 21 U.S.C. § 360k(a), completely bars certain lawsuits against Class III medical device manufacturers. Just a few months after Riegel was handed down, a b...

Questions continue to surface concerning the prohibition on firearms sales to individuals on the federal no-fly list. January 4, 2016; Evidence continues to mount that prohibiting individuals on the federal governments no-fly list from purchasing firearms would prevent many innocent Americans from exercising their Second Amendment rights. Following President Obama's push for legislation...

/* unvisited link */ a:link {color: blue !important;} /* visited link */ a:visited {color: purple !important;}/* mouse over link */ a:hover {color: blue !important;}/* selected link */ a:active {color: blue !important;} Saying that licensing is a dominant marketing and retail force might be an understatement. In 2014, licensing accounted for $241.5 billion in the global marketplace. However, that'...

August 4, 2015; On August 3, 2015, the New York Attorney General’s office issued a press release announcing agreements with Amazon, Kmart, Sears, Walmart, and California-based ACTA for violating New York State law concerning the sale of toy or imitation firearms. An investigation between 2012 and 2014 found that these retailers, and numerous third-party sellers operating through Amazon and Sear...

June 16, 2014: Defense Research Institute (DRI) recently featured an article co-authored by Christopher Renzulli and Peter V. Malfa, Construction Contracts: Personal Jurisdiction and Forum Selection Clauses, in its June 2014 Construction Law issue of For The Defense magazine, which can be found here. The article addresses recent U.S. Supreme Court decisions that redefine the importance of persona...

Kaine Introduces New Firearms Transfer Legislation September 16, 2015; United States Senator Tim Kaine of Virginia has introduced legislation seeking curb “straw sales” and other firearms sales to prohibited persons under federal law. The Responsible Transfer of Firearms Act would require any transferor of a firearm to take “reasonable steps” to make sure that the firearm does not wind up in ...

Congressional Research Service Debunks “Epidemic” of Mass Public Shootings On July 30, 2014, in the wake of several high-profile public shootings, the Congressional Research Service published a report on mass shootings. The report challenges media characterizations of the mass public shootings as an “epidemic” and instead shows no significant increase in mass shootings in the last fifteen years. ...

Los Angeles Bans Large-Capacity Magazines

July 31, 2015; On Tuesday, July 28, the Los Angeles City Council voted unanimously to ban the possession of firearm magazines that hold more than 10 rounds. California already bans the manufacture and sale of large-capacity magazines, however possession of large capacity magazines remains legal. Los Angeles lawmakers saw this as a loophole. Once Mayor Eric Garcetti signs the bill, which is expecte...

Tennessee Lawmaker Pushes for Repeal of Bill that Disallows Armed Military Personnel at Recruitment Stations

July 20, 2015; In the wake of the tragic shootings at a military support center in Chattanooga, TN, Rep. Scott DesJarlias of Tennessee seeks to repeal the ban on military personnel carrying firearms at recruitment stations and on base. The proposed legislation is titled "Enhancing Safety at Military Installation Act." The ban is the result of a combination of Pentagon policy and the ...

No Background Checks for Ammunition Under NY SAFE Act; Concealed Carry Amendments in Mississippi

No Background Checks for Ammunition Under New York SAFE Act July 14, 2015; Background checks will not be required under the New York SAFE Act pursuant to a memorandum of understanding (“MOU”) signed by Gov. Andrew M. Cuomo’s director of state operations, James Malatras, and State Senate Majority Leader John Flanagan. Although the provision was never implemented, the SAFE Act as written requires ba...

Corporations Consider Registering Trademarks in Cuba as Trade Relations Expand

April 28, 2015: As relations between the United States and Cuba continue to transform, corporations are beginning to realize the potential to expand their businesses into a country that once was off limits. Selling goods and services in Cuba means that corporations will want to have their brand name and products trademarked in Cuba as part of a brand protection strategy. Of note, Cuba has a differ...

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...

USPTO To Reduce Fees for Trademark Applications in 2015

December 19, 2014: Effective January 17, 2015, the USPTO will be reducing filing fees for trademark applications. These changes are meant to promote the use of the USPTO’s efficient electronic filing system. Accordingly, the USPTO will reduce the fee for an application filed using the regular TEAS application form and a TEAS request for transformation of an extension of protection to the U...

TTAB Rules In Favor of Anthropologie In Trademark Opposition Proceeding

December 16, 2014: In a recent determination by the Trademark Trial and Appeal Board (TTAB) (Opposition No. 91204412), Happy Green Company’s LLC’s application for “ANTHRO” in international class 3 for bath salts; bath soaps; cleaning and washing preparations; cosmetics and makeup; deodorants and antiperspirants; fragrance etc. was held to be too close to the trademark “ANTHROPOLOGIE” registe...

Implications of Recent U.S. Supreme Court Rulings on Attorneys’ Fees in Patent Infringement

May 15, 2014: In a pair of rulings handed down last Monday, the court loosened restrictions on patent lawsuit fee-shifting, in which the losing party must pay the prevailing party’s attorneys’ fees in exceptional cases under the Patent Act (35 U.S.C.A. 285). The U.S. Supreme Court reversed and remanded Octane Fitness LLC v. ICON Health & Fitness Inc, and vacated and remanded Highmark Inc. v. A...

Christopher Renzulli and Nicholas Whipple Featured in the Defense Association of New York Journal

March 28, 2014: DEFENDANT, the Journal of the Defense Association of New York (DANY), recently featured an article co-authored by Christopher Renzulli and Nicholas Whipple, Understanding the Recalcitrant Worker Defense, in its Winter 2014 Labor Law issue. The article addresses the Recalcitrant Worker Defense in the context of Labor Law § 240(1) claims, with particular emphasis on when the de...

Defense Counsel Beware: Avoid this Ethics Trap

July 17, 2013: The Medicare Secondary Payer Act ("MSPA") requires attorneys to notify Medicare of any settlements of personal injury claims where the plaintiff is or will be a Medicare beneficiary, and ensure that Medicare is reimbursed for any benefits it has paid or will pay in the future from the settlement proceeds. In addition, MSPA empowers Medicare to seek reimbursement from parties, insure...

After the Flood: The Effect of Changing Flood Maps in the Wake of Sandy

July 17, 2013: For the Defense, the monthly publication of The Defense Research Institute (DRI), recently featured an article co-authored by Christopher Renzulli and James Brown, After the Flood: The Effect of Changing Flood Maps in the Wake of Sandy, in its June 2013 issue. The article addresses the expansion of FEMA Flood Maps in New York following the devastation of Hurricane Sandy, with p...

In Our Sights: Legislation & Politics: Who’s Really Winning the Gun Debate?

Another highly publicized piece of legislation which was recently enacted was the Colorado bill which institutes background checks for all gun sales and bans the sale of magazines which can hold more than 15 rounds. This act, like the Connecticut and New York legislation, received a great deal of attention as another victory for gun control advocates. The problem with so many of the ne...

In Our Sights: Connecticut Legislation and Its Impacts

Breaking news in Connecticut is the new gun control legislation, which was signed into law by Governor Dannel Malloy on April 4, 2013. The 139-page bill was drafted by a bipartisan group of legislators, and is considered by many to impose the toughest gun laws in the nation. The most prominent features of the new law are that it adds more than 100 firearms to the list of banned assault weapo...

PRE-PC Electronic Discovery “Meet and Confer” Conference

The Unified Court System's E-Discovery Working Group has proposed amending 22 N.Y.C.R.R. § 202.12 of the Uniform Rules of the Trial Courts to require that attorneys confer on anticipated electronic discovery prior to the Preliminary Conference whenever electronic discovery is "reasonably likely." This requirement already exists in the Commercial Division, where all cases presumptively involve ele...

RLF Victory: Summary Judgment Can Be Obtained on the Basis of Unforeseeable Misuse

Although foreseeability is often said to be an issue which is left for the jury in products liability cases, RLF recently obtained summary judgment in favor of a manufacturer on that very issue. In granting the motion for summary judgment and dismissing the case, the U.S. District Court for the Western District of Oklahoma found, among other things, that plaintiff used the product in an unfo...