Month: July 2014

Below is a survey of the penalties imposed by PHMSA upon fireworks businesses only for the previous ten-years; this does not include penalties paid upon the issuance of a ticket or, alternatively, by settlement or compromise. This information was accessed through the PHMSA website. With respect to reported penalties, there is a discernible increase in…

Two words that always get the attention of lawyers and their clients, alike, are stricti juris; meaning, the rule of law will be interpreted strictly and without extension or enhancement in interpretation. Think of it as a zero tolerance standard. I mention these words to describe the continued trend in regulatory enforcement of hazardous materials…

In the course of fine-tuning purchase contacts for several large Chinese manufacturers, it became apparent to me that most businesses that transact business with foreign manufacturers and exporters are unaware of the United Nations Convention on Contracts for the International Sale of Goods (“CISG” or “The Convention”). By its name, CISG is the global equivalent…

In February [Fireworks Business #265, February, 2006], I outlined an argument that 1.3 explosive materials be regulated separately and distinctly from other explosives, such as commercial explosives or military explosives. Essentially, I argued that for a variety of reasons users of 1.3 products should be relieved from the burden of complying with the more stringent…

Last month’s article analyzed the statutory framework regarding long-arm statutes, while this month’s article examines the minimum contacts test that court’s employ in determining whether or not long-arm jurisdiction is available over a non-resident defendant. As a general rule, there are two species of jurisdiction: (a) general and (b) specific, and the court will analyze…