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Friday, November 15, 2002

PLAINTIFFS DATE, Court, CASE # DEFENDANTS ALLEGED CLAIMS LAWSUIT PREEMPTION? CASE STATUS Q = CASE CLOSED
New Orleans, LA 10/30/98Louisiana Supreme Court 2000-CA-1132 15 manufacturers and distributors, 5 dealers, 3 associations Defective design, negligent distribution YES - passed 4/99 State Supreme Court reversed lower court decision 4/3/01 and DISMISSED all claims. U.S. Supreme Court DENIED CERT. on 10/9/01. q
Chicago and Cook County, IL 11/12/98 amended 4/7/99 IL App. Ct. 1st Jud. Dist.00-3541 22 manufacturers and distributors, 12 dealers Negligent distribution,defective design, nuisance NO CONSOLIDATED & DISMISSED by trial court. Appealed to Illinois 1st Dist. App. court. Argument heard 12/2001. Public nuisance claim allowed to proceed 11/4/02. IL Sup. Ct. granted appeal on 4/8/03.
State of Illinois 11/14/00 Cir. Ct. Cook County 00-CH-016394 4 manufacturers and 8 distributors Public nuisance NO Motion to dismiss filed on 1/29/01. Argument 1/10/02. DISMISSED.
Miami-Dade County, FL 1/27/99FL Supreme Ct.SC-01861 26 manufacturers and distributors, 3 associations, 2 dealers Defective design, deceptive advertising, negligent distribution YES -- SB 412 signed by Gov. Bush 5/1/01 DISMISSED at trial 12/13/99, DISMISSED at Appellate Court 2/14/01, appealed to State Supreme Court. Grant of cert. denied 10/24/01. q
Bridgeport, CT 1/27/99 amended 4/22/99CT Supreme CourtSC-16465 21 manufacturers and distributors, 12 dealers, 3 associations Negligent distribution, defective design, deceptive advertising, nuisance, conspiracy, unjust enrichment NO DISMISSED at trial 12/10/99, appealed 12/29/99, transferred to CT Supreme Court. Trial Court AFFIRMED on 10/9/01 q
Atlanta, GA 2/5/99Court of Appeals, GAA01A2521 14 manufacturers and distributors, 3 associations Defective and negligent design, conspiracy, negligent distribution YES - passed 2/99 DISMISSED 2/13/02 by Court of Appeals citing lawsuit preemption statute. No appeal to GA Sup. Court filed. q
Cleveland, OH 4/8/99US Dist. Ct. N. Dist. Of OH1:99-CK-1134 17 manufacturers and distributors, 3 associations Defective design, nuisance, unjust enrichment YES - HB 192 signed by Gov. 7/6/01. Motion to dismiss DENIED 3/14/00. No action taken since stay lifted 6/2002.
Detroit, MI(consolidated with Wayne County) 4/26/99MI Ct. of Appeals 24 manufacturers and distributors, 11 dealers Negligent distribution, nuisance YES - passed 6/2000 - On 3/30/01 court ruled the retroactive application of the statute was unconstitutional DISMISSED negligence claim, DENIED public nuisance claim DENIED lawsuit preemption statute claim 3/23/01. Defendants appealed. Argument heard 11/19/02.
Wayne County, MI(consolidated with Detroit) 4/26/99MI Ct. of Appeals 24 manufacturers and distributors, 11 dealers Negligent distribution, nuisance YES - passed 6/2000 - On 3/30/01 court ruled the retroactive application of the statute was unconstitutional DISMISSED negligence claim, DENIED public nuisance claim DENIED lawsuit preemption statute claim 3/23/01. Defendants appealed. Argument heard 11/19/02.
Cincinnati, OH 4/28/99Supreme Ct., OH00-1705 16 manufacturers and distributors, 3 associations Negligent distribution, defective design, deceptive advertising, nuisance YES - HB 192 signed by Gov. 7/6/01. DISMISSED, at trial, AFFIRMED by Court of Appeals. A split OH Sup. Ct. reinstated case 6/12/02. Back in trial court. Trade Assoc.`s dismissed from suit on 11/15/02. City dropped suit on 4/30/03. q
St. Louis, MO 4/30/99City of St. Louis Circuit Ct.992-01209 25 manufacturers and distributors, 2 dealers, 3 associations Negligent distribution, defective design, deceptive advertising, nuisance, conspiracy, unjust enrichment YES - SB 1 passed in 1999. Motion to dismiss was filed 10/5/00. Argument on motion to dismiss heard on 1/24/03.
CITIES OF NORTH CA Oakland, Berkeley, Sacramento, East Palo Alto, San Francisco, Alameda County, San Mateo County 5/25/99Case coordinated with cities below.Superior Court, San Diego.JCCP # 4095 28 manufacturers, 6 distributors and dealers, 3 associations Negligent distribution, nuisance, defective design, deceptive advertising, fraudulent business practices NO -- Product liability protection at CA. CIV. CODE § 1714.4 was repealed 9/25/02 Motion to dismiss DENIED 9/15/00. Manu. filed motion to preclude evidence on 6/28/02. Defendants filed motion for summary judgment 1/3/03 following close of discovery. DISMISSED in part on 3/7/03. Appeal has been filed.
CITIES OF SOUTH CA Los Angeles, Compton, West Hollywood, Inglewood 5/25/99Case coordinated with cities above.Superior Court, San Diego.JCCP # 4095 39 manufacturers, 5 distributors, 5 dealers, 3 associations Negligent distribution, nuisance, defective design, deceptive advertising, fraudulent business practices NO -- Product liability protection at CA. CIV. CODE § 1714.4 was repealed 9/25/02 Motion to dismiss DENIED 9/15/00. Manu. filed motion to preclude evidence on 6/28/02. Defendants filed motion for summary judgment 1/3/03 following close of discovery. DISMISSED in part on 3/7/03. Appeal has been filed
County of Los Angeles,CA 8/6/99Casecoordinatedwith cities above.JCCP # 4095 28 manufacturers, 6 distributors and dealers, 3 associations Negligent distribution, nuisance, defective design, deceptive advertising, fraudulent business practices NO -- Product liability protection at CA. CIV. CODE § 1714.4 was repealed 9/25/02 Motion to dismiss DENIED 9/15/00. Defendants filed motion to preclude evidence on 6/28/02. Defendants filed motion for summary judgment 1/3/03 following close of discovery. DISMISSED in part on 3/7/03. Appeal has been filed
Camden Co., NJ 6/2/1999 US Dist. Ct, Dist. Of New Jersey99-CV-2518 22 manufacturers Negligent distribution, defective design, assault and/or battery, economic interference NO U.S. District Ct. DISMISSED 12/5/00, appealed to U.S. 3rd Cir. Ct. App. 1/3/01. Argument heard 9/4/01. DISMISSED 11/16/01. No appeal to U.S. Sup. Court. q
Boston, MA 6/3/99Superior Court, Suffolk County99-2590 29 manufacturers and distributors, 3 associations Negligent distribution, defective design, deceptive advertising, nuisance, unjust enrichment NO Motion to dismiss DENIED 7/13/00, interlocutory appeal denied 9/19/00, the 3 trade associations filed a separate motion dismiss for lack of jurisdiction - DENIED 11/20/00. Discovery completed 1/19/02. Trial was scheduled to begin 9/24/02. The city dropped its suit 3/27/02. q
City of Newark, NJ 6/9/99Superior Ct. of NJ, Essex CountyESX-L-6059-99 28 manufacturers, 2 distributors, 2 associations Negligent distribution, defective design, deceptive advertising, nuisance, unjust enrichment NO DISMISSED products liability & unjust enrichment claims but DENIED dismissal of negligent marketing & distribution claim 12/11/01. Appealed. On 3/11/03 AFFIRMED but trade groups were dismissed.
City of Camden, NJ 6/21/99Superior Ct. of NJ, Camden CountyCAM-4510-99 19 manufacturers and 3 associations Negligent distribution, defective design, deceptive advertising, nuisance, unjust enrichment NO Oral argument on a motion to dismiss heard 2/22/01. DISMISSED 7/7/03.
City of Gary, IN 8/27/99Lake Superior Ct.45-D05-0005-CT-243 21 manufacturers & distributors, 3 assoc., 5 dealers Negligent distribution & marketing, negligence, nuisance YESEffective 4/18/2001 DISMISSED 1/23/01. 1st amended complaint DISMISSED 3/13/01. Appealed on 4/13/01. On 9/20/02 App. Ct. upheld dismissal of all but 3 dealer defendants. Indiana Sup. Ct. heard appeal 2/27/03.
City of Wilmington, DE 9/29/99Del. Superior Ct., New Castle County99-C-09-283 12 manufacturers, 3 associations Negligent distribution, marketing, design, inadequate warnings, nuisance, fraud, unjust enrichment, civil conspiracy NO DISMISSED by Superior Court. A decision to not file an appeal was made on 12/26/02. q
Wash., D.C. 1/20/00DC Superior Ct., Civ. Div.00-000428 25 manufacturers and 4 distributors Negligent distribution, strict liability, public nuisance NO Oral argument on motion to dismiss heard 4/13/01. 12/16/02 case DISMISSED. Plaintiffs have filed an appeal.
City of Philadelphia 4/11/00Ct. of Common Pleas, Phila. County00-1442 14 manufacturers and distributors Negligent distribution, public nuisance YES - passed 12/99 U.S. Dist. Ct. DISMISSED 12/20/00, appealed to U.S. 3rd Cir. Ct. of Appeals. AFFIRMED 1/11/02. City did not appeal further.q
City of New York 5/20/00US Dist. Ct., ED NY1:00-CV-3641 24 manufacturers and distributors, 3 trade associations Negligent distribution, public nuisance, deceptive advertising NO Defendants did not file a motion to dismiss. Discovery is ongoing at this time.* Stayed pending NY state case.
State of New York 6/26/00NY Superior Ct. NY County402586/00 25 manufacturers and distributors Negligent distribution, public nuisance NO DISMISSED 8/10/01 by trial court. Appealed. AG argued 5/10/02 to reinstate case. Appeals Court AFFIRMED trial court ruling 6/24/03.
Jersey City v. Smith & Wesson et al 3/28/02Sup. Ct. Of NJ, Hudson County. 12 manufacturers, 2 dealers, 3 trade associations Public nuisance NO Complaint filed on 3/28/02.
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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.