Current Status of the Firefox Case
What's the current status of the Firefox case?
Here's a synopsis from Tom Handel. Thanks, Tom.
"In early December (2006), the Judge granted the Government's motion for summary
judgment and simultaneously denied the defense's motion for summary
judgment. See this link.
What this means is that he found that there was no material dispute over the
facts of the case, and hence no need of a trial to determine who had done
what when. He found that the CPSC does have the right to enforce the
Federal Hazardous Substances Act, and that a judicial injunction was the
appropriate "relief," as the government had requested. The court instructed
the two parties (CPSC and Firefox, as represented by their respective
counsel) to attempt to negotiate mutually agreeable language for the
injunction. The judge indicated that it was not his wish to see Firefox put
out of business. He advised the litigants that it would be in their mutual
best interest to arrive successfully at an agreed wording for the
injunction. If they were unable to come to an agreement on the wording of
an injunction, he would undertake to craft the injunction himself, and that
neither party would be happy with the result.
The litigants were unable to come to a compromise wording before the Court's
imposed deadline in January, and the Judge then ordered each side to prepare
a draft injunction and justification for his consideration to be submitted
to him by February 28th. Both sides met this deadline. The Court is now
considering these drafts and presumably working toward a compromise
injunction which the Court will - eventually - impose as the resolution of
the case. There is no deadline for this activity (that I'm aware of), and
the court may ask for supplementary submissions, further testimony from
experts, or almost anything else it might want in the pursuit of this
process.
That is where it stands as of today.
Hope that helps.
Tom Handel
1st VP, PGII" (Pyrotechnics Guild International)
What do I think will happen?
Well, both sides predictably asked for what they wanted most. The government wants very strict controls on what can be sold and very small quantities of each. Firefox wants to be able to sell more items with no restrictions, and to be able to provide its customers with larger quantities than the government wants. Firefox also submitted new information in support of its position. I think the judge will give the government some of what it wants, and Firefox some of what it wants. I believe that at the very least Firefox will have fewer restrictions on it than the government wants. Just how unrestricted remains to be seen. Stay tuned. Watch this space.
Harry Gilliam
Chief Cook & Bottlewasher





