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. |
test2222
Friday, November 15, 2002
Monday, April 1, 2024
NRA Members Among the Largest Class Protected from Draconian Rule
Friday, April 12, 2024
We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law. The administration’s explicit objective was to move as close to so-called “universal background ...
Monday, April 15, 2024
For quite some time, we’ve talked about Joe Biden and his gift for gaffes. Whether it is him losing battles with his teleprompter, his train of thought spectacularly derailing, forgetting which politicians have passed away, or simply mumbling ...
Monday, April 15, 2024
On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment.
Monday, April 15, 2024
So-called “universal” background checks were back in the news last week. The Biden administration and the regime press were promoting the impression that ATF’s new “engaged in the business” rule closed the non-existent “gun show ...