REVISED 7/14/03 NRA/ILA
|
PLAINTIFFS |
DATE, Court, Case # |
DEFENDANTS |
ALLEGED CLAIMS |
LAWSUIT
PREEMPTION?
|
CASE STATUS
q = case closed |
|
New Orleans, LA |
10/30/98 Louisiana 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 |
1/27/99 FL 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 4/22/99 CT Supreme Court SC-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 |
2/5/99 Court of Appeals, GA A01A2521 |
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, |
4/8/99 US Dist. Ct. N. Dist. Of OH 1:99-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) |
4/26/99 MI 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) |
4/26/99 MI 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 |
4/28/99 Supreme Ct., OH 00-1705 |
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 |
4/30/99 City 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 |
5/25/99 Case 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 |
5/25/99 Case 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 |
8/6/99 Case coordinated with 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 |
6/2/99 US Dist. Ct, Dist. Of New Jersey 99-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 |
6/3/99 Superior Court, Suffolk County 99-2590 |
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 |
6/9/99 Superior Ct. of NJ, Essex County ESX-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. |
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City of Camden, NJ |
6/21/99 Superior Ct. of NJ, Camden County CAM-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 |
8/27/99 Lake Superior Ct. 45-D05-0005-CT-243 |
21 manufacturers & distributors, 3 assoc., 5 dealers |
Negligent distribution & marketing, negligence, nuisance |
YES Effective 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 |
9/29/99 Del. Superior Ct., New Castle County 99-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. |
1/20/00 DC 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 |
4/11/00 Ct. of Common Pleas, Phila. County 00-1442 |
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 |
5/20/00 US Dist. Ct., ED NY 1:00-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 |
6/26/00 NY Superior Ct. NY County 402586/00 |
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 |
3/28/02 Sup. 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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