Press & Publications
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…
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…
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…
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,…
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…
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…
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…
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…
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,…
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’…
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…
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).
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 Outpost, Inc. Plaintiffs, who…
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),…
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…
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…
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…
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…
National Defense Magazine Features Eye-Opening FCPA Article Co-Authored by John Renzulli
National Defense Magazine, a major publications in the defense industry, featured an article by Michael Patrick and John Renzulli titled Defense Contractors Increasingly Targeted in Corruption Investigations. 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 Act (referred to as…
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…
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…
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…
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…
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…
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”…
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…
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…
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…
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…
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…