Category: Press & Publications

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,...

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...

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...

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, and...

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 compli...

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...

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 requ...

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 bill d...

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...

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. The LIMA Annual Global Study (which was released for the first time ever this year), showed that entertainment/character licensing comprised the biggest piece of pie, totaling 44.4% (over $107 billion). That is not difficult to ima...

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 perso...

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 expect...

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 Posse Comitat...

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...

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 diffe...

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...

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 &ld...

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 ...

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 defen...

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 p...

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 part...

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 news accoun...

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 weapons i...

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 presum...

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 unforese...

New York Court of Appeals Floors Same Level Rule

For the Defense, the monthly publication of The Defense Research Institute (DRI), recently featured an article co-authored by Christopher Renzulli and James Brown, New York Court of Appeals Floors Same Level Rule, in its June 2012 issue. The article addresses the expanding interpretation of New York’s Labor Law § 240(1), with particular emphasis on the Courts’ recent repudiation of t...

Federal Court Upholds New York City Gun Licensing and Fee Regulations

In a recent decision, the U.S. District Court for the Southern District of New York upheld portions of the New York City Administrative Code requiring New York City residents to pay a $340 fee to apply for a New York City “Premises Residence” handgun license, which allows the license holder to possess handguns within a specified dwelling. In the matter of Kwong v. Bloomberg, plai...

MASSACHUSETTS APPEALS COURT AFFIRMS ANOTHER VICTORY RENZULLI LAW FIRM OBTAINED PURSUANT TO THE PLCAA

The Massachusetts Appeals Court recently addressed issues that had never been decided in Massachusetts and affirmed a significant summary judgment ruling Renzulli Law Firm obtained for Glock based on the Protection of Lawful Commerce in Arms Act (PLCAA). (more…)

CONNECTICUT APPELLATE COURT UPHOLDS RENZULLI LAW FIRM, LLP’S VICTORY ON APPEAL

Based upon Renzulli Law Firm’s arguments, the Connecticut Appellate Court recently issued an order dismissing plaintiffs’ appeal from the Superior Court’s decision granting a firearms retailer’s motion to dismiss all claims against it pursuant to the Protection of Lawful Commerce in Arms Act (“PLCAA”) in a widely publicized case, Gilland v. Sportsmen’s Ou...

RENZULLI LAW FIRM ACHIEVES COMPLETE DISMISSAL WITH PREJUDICE OF ALLEGED FALSE MARKING CASE IN EDTX

Renzulli Law Firm has obtained a complete dismissal with prejudice of an alleged false patent marking lawsuit against an industry-leading product manufacturer in the U.S. District Court for the Eastern District of Texas. In 2010, the plaintiff filed a lawsuit alleging that the manufacturer had violated the federal false marking statute, 35 U.S.C. § 292(a), by marking products with expired patent ...

COURT EXPANDS LABOR LAW § 241(6) — FURTHER POTENTIAL LIABILITY ON LANDOWNERS AND CONTRACTORS

New York has some of the most stringent and complex laws in the country designed to protect workers in the construction trades. Pursuant to the New York statutory scheme, landowners and contractors bear responsibility to ensure construction workers are provided with all appropriate safety devices required to perform their jobs safely, and that the construction area remains free of any dangers pos...

The New Rule 26: What You Need To Know

Effective December 10, 2010, expert discovery under the rules of civil procedure changed significantly with respect to both retained testifying experts and non-retained testifying experts, such as treating physicians. Non-Retained Testifying Experts The first significant change to Rule 26 is that a party wishing to present testimony from non-retained experts at trial (such as treating physicia...

Connecticut Sidewalk Liability Law

As another winter season approaches, it is worthwhile for property owners and businesses to plan ahead for the inevitable snow and ice storms which will blanket our area. With each winter storm comes the potential for a person to slip and fall on ice or snow outside your or your insured’s business. While the duty to prevent an injury occurring on premises owned or controlled by a busin...

Dutchess Supreme Court Revisits the Duty Imposed Upon Rental Car Companies

According to a recent Dutchess County Supreme Court decision, rental car companies do not have a duty to conduct an investigation into a potential customer’s driving record beyond establishing that they have a valid driver’s license. In Poluzzi v. Mojica, Defendant, ELRAC, Inc. d/b/a Enterprise Rent a Car Company (“Enterprise”), rented a vehicle to Defendant, Miguel Mojic...

National Defense Magazine Features Eye-Opening FCPA Article Co-Authored by John Renzulli

National Defense Magazine, one of the major publications in the defense industry, featured an article co-authored by John Renzulli Defense Contractors Increasingly Targeted in Corruption Investigations in its August 2010 issue. The article addresses the exploding costs associated with bribery and corruption around the world, and especially in the United States under the Foreign Corrupt Practices...

Supreme Court Applies the Second Amendment to the States in McDonald v. Chicago

On June 28, 2010, the United States Supreme Court issued its decision in the McDonald v. Chicago case, holding that the Second Amendment right to keep and bear arms was incorporated through the Fourteenth Amendment and is fully applicable to the states. On June 26, 2008, the Supreme Court issued its decision in District of Columbia v. Heller, holding that the Second Amendment protects an indiv...

Analysis of the reporting requirements of the Medicare, Medicaid and SCHIP Extension Act of 2007

As of January 1, 2010, new reporting requirements took effect involving the payment of a settlement or judgment to a Medicare beneficiary. The following is a brief summary of the new reporting requirements. Background In 1980, the Medicare Secondary Pay Act (“MSP”) was enacted to amend the 1965 Social Security Act. The MSP prohibited Medicare from reimbursing medical ben...

DOJ’s New Focus: Foreign Corrupt Practices Act

The Department of Justice (DOJ) is investigating corruption and bribery conduct at unprecedented levels. In January, DOJ conducted a massive sting operation netting 22 individuals in Las Vegas. Just this month, the UK Serious Fraud Office, working in conjunction with DOJ, settled a multitude of corruption charges with mega-defense contractor BAE Systems, PLC. Under terms of the settlement, BAE wi...

LAW 101: Protection of Lawful Commerce in Arms Act

The Protection of Lawful Commerce in Arms Act was enacted on October 26, 2005 in response to numerous lawsuits filed by municipalities and others that sought to blame the firearms industry for the criminal use of firearms and change the manner in which firearms are sold and marketed through litigation instead of the legislature. In order to curb these abusive and politically motivated law suits, ...

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 standin...

Practical applications: Proof of Defect from Circumstances under Vermont Law

In an article for the Vermont Bar Journal, John Tartaglia examines Vermont law addressing inferences of product defect from the circumstances surrounding an accident.

Children’s Products Pulled Off Shelves Because of Toxic Substance

A major move is underway to regulate the use of toxic metals in children's products which can cause abdominal pain and lung disease at high concentrations. On January 11, U.S. Consumer Product Safety Commission (CPSC) Chairman Inez Tenenbaum urged regulators at the APEC Toy Safety Initiative/Dialogue in Hong Kong to keep "hazardous or toxic levels of heavy metals" out of "toys and children's prod...

Firm’s Victory Sheds Light On Retaliatory Discharge And Whistleblower Laws

The firm recently obtained summary judgment in favor of the defendant in a retaliatory discharge case in Mississippi. The case was brought pursuant to a common law “whistleblower” exception created by the Mississipi Supreme Court in McArn v. Allied Bruce-Terminix Co. Inc., 626 So.2d 603 (1993). This exception operates much like the increasingly popular “whisteblower” sta...

Federal Circuit Makes Declaratory Judgments Easier to File (at Least for Holding Companies)

Acceleron, LLC owns patent No. 6,948,021 for a hot-swappable server blade. Acceleron did not invent the patented material -- it is a patent holding company. It purchased that patent on May 31, 2007 and then, just a few months later, on September 14, 2007, Acceleron's president wrote to Hewlett-Packard's (HP) General Counsel stating that Acceleron wanted to "call your attention to the referenced ...

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...

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...

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 ...

Brand Name Drug Makers Score Victory in 8th Circuit — Generics Take a Blow

Behemoth brand name drug maker Wyeth scored a victory for all brand names in November -- but the 8th Circuit Court of Appeals left generic drug makers exposed to tort attack. In the case, Mensing v. Wyeth, Inc., a three-judge panel of the 8th Circuit held that brand name drug manufacturers cannot be held liable for alleged inadequate warnings where the plaintiff never used the brand name. However...