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…
Oftentimes, I am asked why one attorney will accept a case while another lawyer has declined to do so. Simply stated, lawyers are like snowflakes, no two are identical. However, some general rules apply. As a threshold issue, you need to determine whether or not your matter is susceptible to a straight fee or a…
Effective damage control starts with the policies that govern your business operations. While it is vitally important to direct the flow of information you do not, however, have to assume the role of control freak to accomplish this task. This article will briefly describe the two types of damage control most commonly encountered in the…
As we approach the Fourth of July many drivers will be asked to make short-distance deliveries of fireworks to, for example, retail stores and stands. Daily driver’s logs are a custom and practice of commercial drivers; however, an exemption applies to limited distances that satisfy the 100 air-mile radius rule. The Federal Motor Carrier Safety…
Fireworks display companies across the nation should be ‘dancing, dancing, dancing in the streets’ (to coin a San Francisco Bay-area phrase) as a result of the ATF’s timely issuance of a ruling favorably addressing the com-mon practice of open storage ‘pick’ bins. Ruling 2012-2 (indicating the second ruling issued in 2012 calendar year) (the “Ruling”),…
This article analyzes that statutory framework regarding long-arm statutes, while next month’s article will examine the minimum contacts test that courts employ in determining whether or nor long-arm jurisdiction is available. As fireworks retailers expand their business activities outside their state of incorporation a host of related issues pertaining to the exercise of personal jurisdiction…
Any display business understands that the current ATF&E table of distances for storage of display fireworks is nonsensical and needs to be revamped. Particularly disturbing is the fact that when storage of display fireworks exceeds 10,000lbs., net weight, the business needs to comply with the distance table relating to explosives rather than the distance table…
CONSIDERATIONS FOR HASSLE-FREE GOVERNMENT INSPECTIONS: THE BEST DEFENSE IS A STRONG OFFENSE As we approach the busiest season of the year, fireworks retailers and display companies can expect an inspection from one, if not several, law enforcement and regulatory agencies. These inspections, oftentimes unannounced, are deliberately timed to occur during your busy season due to…
The Federal Motor Carrier Safety Administration (FMCSA) continues to roll-out various changes to the hours-of-service regulations that were initially adopted in a published final rulemaking, dated December 27, 2011. See, Federal Register, Vol. 76, No. 248. The first set of changes became effective in February 2012, and the remainder is scheduled to become effective July…
