Last month’s article regarding how to initially respond to an ATFE notice of revocation elicited numerous requests for more information on this topic. That article discussed the various preliminary steps that should be undertaken to best protect your rights. This article will discuss the discovery process that follows the submission of an answer to the…
The appeal of Internet and mail order sales of consumer fireworks can not be overstated. The ability to reach a national marketplace from one location is a powerful incentive for any retailer that wants to increase sales revenues. However, before any fireworks retailer commences to offer consumer fireworks on the Internet or by mail order,…
In June 2012, Federal Motor Carrier Safety Administration amended its enforcement policy relating to calculating and publicizing driver, vehicle and hazardous materials out-of-service rates and crash rates (see, FR Doc. 2012-15740; Published June 27, 2012). As a requisite to issuing a hazardous materials safety permit (HMSP), a motor carrier must have a crash rate or,…
Ever wonder about the legitimacy of using non-original music to accompany a fireworks display; our readers obviously do. Music to accompany fireworks unquestionably adds to the experience for spectator and display designer alike. However, the use of non-original music presents issues involving copyright law and publishing rights that rarely, if ever, beget a legal dispute….
Dateline-Gillette, WY. For those readers who could not attend PGI’s Fire Fest ’08, you missed out on another spectacular convention. Once again, the convention organizers produced an amazingly wide range of topical daytime seminars and educational workshops and demonstrations, and also provided the attending members and the community of Gillette, Wyoming, with extraordinary series of…
The arrival of an ATFE notice of revocation of license or permit is an unwelcome event; however, over time, one can minimize or overcome its consequences. However, it is vital that you quickly commence the process of damage control. Without question, you should contact a lawyer for consultation; an ATFE investigation can be intimidating and…
Like snowflakes, business disputes are not identical; however, the desire to settle them is a common objective to be shared by all involved parties. This article will discuss how to finalize a settlement that, if necessary, is enforceable in court. Two documents that should be part of any settlement are (a) a settlement agreement, and…
In the aftermath of “The Station” nightclub fire, in Warwick, Rhode Island, the Rhode Island General Assembly drafted new legislation relating to health and safety. The act is presently known as “The Comprehensive Fire Safety Act of 2003” (the “Act”), and it was signed by the Governor on July 7, 2003, and will be effective…
A Report From The National Fireworks Association Expo 2008 Several hundred fireworks enthusiasts from around the world converged in Billings, Montana, for the National Fireworks Association’s Expo 2008. The Expo was scheduled around daytime seminars and a large trade show with over eighty exhibitors representing an impressively wide range of products and services for the…
The Pipeline and Hazardous Materials Safety Administration has recently issued a clarification of the prevailing fireworks policy regarding approvals or certifications for specialty devices. [Docket No. PHMSA-2013-0206; Notice No. 13-15; dated October 2, 2013]. Interestingly, this Agency may have deliberately elected to issue a clarification to bypass seeking public comment; PHMSA routinely seeks public comment…
