Taxpayer Funded Reckless Lawsuits
Against The Firearms Industry
**
= CASE CLOSED
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PLAINTIFFS
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City of New Orleans
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Date, Court Case #
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10/30/98 Louisiana Supreme Court 2000-CA-1132
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DEFENDANTS
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15 manufacturers and distributors, 5 dealers, 3
associations
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ALLEGED CLAIMS
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Defective design, negligent distribution
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LAWSUIT PREEMPTION
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YES -- passed 4/99
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CASE STATUS
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State Supreme Court reversed lower court decision 4/3/01
and DISMISSED all claims. U.S. Supreme Court DENIED CERT. on
10/9/01. **
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PLAINTIFFS
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City of Chicago & Cook County Illinois
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Date, Court Case#
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11/12/98 amended 4/7/99, IL App. Ct. 1st Judicial
District 00-3541
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DEFENDANTS
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22 manufacturers and distributors, 12 dealers
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ALLEGED CLAIMS
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Negligent distribution, defective design, nuisance
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LAWSUIT PREEMPTION
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NO
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CASE STATUS
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CONSOLIDATED & DISMISSED at trial. 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. Argument 9/10/03. DISMISSED
11/18/04. **
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PLAINTIFFS
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State of Illinois
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Date, Court Case#
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11/14/00 Cir. Ct. Cook County 00-CH-016394
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DEFENDANTS
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4 manufacturers, 8 distributors
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ALLEGED CLAIMS
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Public nuisance
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LAWSUIT PREEMPTION
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NO
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CASE STATUS
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Motion to dismiss filed on 1/29/01. Argument 1/10/02.
DISMISSED. **
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PLAINTIFFS
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Miami-Dade County, FL
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Date, Court Case#
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1/27/99 FL Supreme Ct. SC-01861
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DEFENDANTS
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26 manufacturers and distributors, 3 associations, 2
dealers
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ALLEGED CLAIMS
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Defective design, deceptive advertising, negligent
distribution
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LAWSUIT PREEMPTION
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YES -- SB 412 signed by Gov. Bush 5/1/01
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CASE STATUS
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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. **
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PLAINTIFFS
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Bridgeport, CT
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Date, Court Case#
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1/27/99 amended 4/22/99 CT Supreme Court SC-16465
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DEFENDANTS
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21 manufacturers and distributors, 12 dealers, 3
associations
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ALLEGED CLAIMS
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Negligent distribution, defective design, deceptive
advertising, nuisance, conspiracy, unjust enrichment
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LAWSUIT PREEMPTION
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NO
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CASE STATUS
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DISMISSED at trial 12/10/99, appealed 12/29/99,
transferred to CT. Sup. Ct. AFFIRMED on 10/9/01 **
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PLAINTIFFS
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Atlanta, GA
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Date, Court Case#
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2/5/99 Court of Appeals, GA A01A2521
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DEFENDANTS
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14 manufacturers and distributors, 3 associations
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ALLEGED CLAIMS
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Defective & negligent design, conspiracy, negligent
distribution
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LAWSUIT PREEMPTION
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YES -- passed 2/99
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CASE STATUS
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DISMISSED 2/13/02 by Ct. of Appeals citing lawsuit
preemption statute. No appeal to GA Sup. Court filed **
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PLAINTIFFS
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Cleveland, OH
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Date, Court Case#
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4/8/99 US Dist. Ct. N. Dist. Of OH 1:99-CK-1134
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DEFENDANTS
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17 manufacturers and distributors, 3 associations
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ALLEGED CLAIMS
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Defective design, nuisance, unjust enrichment
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LAWSUIT PREEMPTION
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NO
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CASE STATUS
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Motion to dismiss DENIED 3/14/00. DISMISSED on 1/21/05
however plaintiffs may re-file before 1/23/06.
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PLAINTIFFS
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Detroit, MI (consolidated with Wayne County)
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Date, Court Case#
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4/26/99 MI Ct. of Appeals
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DEFENDANTS
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24 manufacturers and distributors, 11 dealers
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ALLEGED CLAIMS
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Negligent distribution, nuisance
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LAWSUIT PREEMPTION
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YES -- passed 6/2000 -- On 3/30/01 the trial
court ruled it unconstitutional but was overturned by
appeals court 8/7/03.
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CASE STATUS
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Trial Ct. DISMISSED negligence but DENIED nuisance &
lawsuit preemption on 3/23/01 as unconstitutional as
applied. Appeals Ct. argument heard 11/19/02. DISMISSED on
all counts finding preemption valid and applicable 8/7/03.
**
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PLAINTIFFS
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Wayne County, MI
(consolidated with Detroit)
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Date, Court Case#
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4/26/99 MI Ct. of Appeals
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DEFENDANTS
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24 manufacturers and distributors, 11 dealers
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ALLEGED CLAIMS
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Negligent distribution, nuisance
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LAWSUIT PREEMPTION
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YES -- passed 6/2000 -- On 3/30/01 the trial
court ruled it unconstitutional but was overturned by
appeals court 8/7/03.
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CASE STATUS
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Trial Ct. DISMISSED negligence but DENIED nuisance &
lawsuit preemption on 3/23/01 as unconstitutional as
applied. Appeals Ct. argument heard 11/19/02. DISMISSED on
all counts finding preemption valid and applicable 8/7/03.
**
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PLAINTIFFS
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Cincinnati, OH
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Date, Court Case#
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4/28/99 Supreme Ct., OH 00-1705
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DEFENDANTS
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16 manufacturers and distributors, 3 associations
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ALLEGED CLAIMS
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Negligent distribution, defective design, deceptive
advertising, nuisance
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LAWSUIT PREEMPTION
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NO
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CASE STATUS
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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. **
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PLAINTIFFS
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St. Louis, MO
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Date, Court Case#
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4/30/99 City of St. Louis Circuit Ct. 992-01209
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DEFENDANTS
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25 manufacturers and distributors, 2 dealers, 3
associations
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ALLEGED CLAIMS
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Negligent distribution, defective design, deceptive
advertising, nuisance, conspiracy, unjust enrichment
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LAWSUIT PREEMPTION
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NO
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CASE STATUS
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DISMISSED 10/15/03. Appealed 11/25/03. DISMISSAL affirmed
on 7/27/04 by Ct. of App. Plaintiffs on 9/20/04 filed appeal
w/MO Sup. Ct. DENIED on 10/26/04. **
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PLAINTIFFS
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CITIES OF NORTH CA Oakland, Berkeley, Sacramento,
East Palo Alto, San Francisco,
Alameda County, San Mateo County
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Date, Court
Case#
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5/25/99 Case coordinated
with cities below. Superior Court, San Diego.
JCCP # 4095
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DEFENDANTS
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28 manufacturers, 6
distributors and dealers, 3 associations
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ALLEGED
CLAIMS
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Negligent distribution,
nuisance, defective design, deceptive advertising,
fraudulent business practices
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LAWSUIT
PREEMPTION
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NO -- Product liability
protection at CA. CIV. CODE § 1714.4 was repealed
9/25/02
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CASE
STATUS
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Summary judgment 1/3/03.
DISMISSED in part on 3/7/03. Appeal filed 6/9/03. Settlement
by lesser non-dismissed defendants while appeal pending.
Def's reply brief filed 5/04. Oral argument heard 12/2/04.
On 2/10/05 the dismissal was affirmed. **
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PLAINTIFFS
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CITIES OF SOUTH CA Los Angeles, Compton,
West Hollywood,
Inglewood
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Date, Court
Case#
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5/25/99 Case coordinated
with cities above. Superior Court, San Diego.
JCCP # 4095
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DEFENDANTS
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39 manufacturers, 5
distributors, 5 dealers, 3 associations
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ALLEGED
CLAIMS
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Negligent distribution,
nuisance, defective design, deceptive advertising,
fraudulent business practices
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LAWSUIT
PREEMPTION
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NO -- Product liability
protection at CA. CIV. CODE § 1714.4 was repealed
9/25/02
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CASE
STATUS
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Summary judgment 1/3/03.
DISMISSED in part on 3/7/03. Appeal filed 6/9/03. Settlement
by lesser non-dismissed defendants while appeal pending.
Def's reply brief filed 5/04. Oral argument heard 12/2/04.
On 2/10/05 the dismissal was affirmed.
**
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PLAINTIFFS
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County of Los Angeles, CA
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Date, Court Case#
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8/6/99 Case coordinated with cities above. JCCP #
4095
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DEFENDANTS
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28 manufacturers, 6 distributors and dealers, 3
associations
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ALLEGED CLAIMS
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Negligent distribution, nuisance, defective design,
deceptive advertising, fraudulent business practices
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LAWSUIT PREEMPTION
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NO -- Product liability protection at CA. CIV. CODE
§ 1714.4 was repealed 9/25/02
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CASE STATUS
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Summary judgment 1/3/03. DISMISSED in part on 3/7/03.
Appeal filed 6/9/03. Settlement by lesser non-dismissed
defendants while appeal pending. Def's reply brief filed
5/04. Oral argument heard 12/2/04. On 2/10/05 the dismissal
was affirmed. **
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PLAINTIFFS
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Camden Co., NJ
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Date, Court Case#
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6/2/99US Dist. Ct, Dist. Of New Jersey 99-CV-2518
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DEFENDANTS
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22 manufacturers
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ALLEGED CLAIMS
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Negligent distribution, defective design, assault and/or
battery, economic interference
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LAWSUIT PREEMPTION
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NO
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CASE STATUS
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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. **
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PLAINTIFFS
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Boston, MA
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Date, Court Case#
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6/3/99 Superior Court, Suffolk County 99-2590
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DEFENDANTS
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29 manufacturers and distributors, 3 associations
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ALLEGED CLAIMS
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Negligent distribution, defective design, deceptive
advertising, nuisance, unjust enrichment
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LAWSUIT PREEMPTION
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NO
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CASE STATUS
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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 for
9/24/02. The city decided to drop its suit 3/27/02 **
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PLAINTIFFS
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City of Newark, NJ
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Date, Court Case#
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6/9/99 Superior Ct. of NJ, Essex County ESX-L-6059-99
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DEFENDANTS
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28 manufacturers, 2 distributors, 2 associations
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ALLEGED CLAIMS
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Negligent distribution, defective design, deceptive
advertising, nuisance, unjust enrichment
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LAWSUIT PREEMPTION
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NO
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CASE STATUS
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DISMISSED partially and DENIED dismissal of negligent
marketing & distribution claim 12/11/01. Appealed. On
3/11/03 AFFIRMED. DISMISSED 12/4/03. DISMISSED with
prejudice on 3/10/04. **
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PLAINTIFFS
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City of Camden, NJ
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Date, Court Case#
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6/21/99 Superior Ct. of NJ, Camden County CAM-4510-99
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DEFENDANTS
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19 manufacturers and 3 associations
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ALLEGED CLAIMS
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Negligent distribution, defective design, deceptive
advertising, nuisance, unjust enrichment
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LAWSUIT PREEMPTION
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NO
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CASE STATUS
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Oral argument on a motion to dismiss heard 2/22/01.
DISMISSED without prejudice 7/7/03. Jennings and Bryco filed
for bankruptcy. **
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PLAINTIFFS
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City of Gary, IN
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Date, Court Case#
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8/27/99 Lake Superior Ct. 45-D05-0005-CT-243
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DEFENDANTS
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21 manufacturers & distributors, 3 assoc., 5
dealers
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ALLEGED CLAIMS
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Negligent distribution & marketing, negligence,
nuisance
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LAWSUIT PREEMPTION
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YES- Effective 4/18/2001
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CASE STATUS
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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.
reinstated case on 12/23/03. Now in discovery. 1 dealer
reportedly settled in May 2005.
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PLAINTIFFS
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City of Wilmington, DE
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Date, Court Case#
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9/29/99 Del. Superior Ct., New Castle County
99-C-09-283
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DEFENDANTS
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12 manufacturers, 3 associations
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ALLEGED CLAIMS
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Negligent distribution, marketing, design, warnings,
nuisance, fraud, unjust enrichment, civil conspiracy
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LAWSUIT PREEMPTION
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NO
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CASE STATUS
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DISMISSED by Superior Court. A decision to not file an
appeal was made on 12/26/02. **
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PLAINTIFFS
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Wash., D.C.
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Date, Court Case#
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1/20/00 DC Superior Ct., Civ. Div. 00-000428
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DEFENDANTS
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25 manufacturers, 4 distributors
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ALLEGED CLAIMS
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Negligent distribution, strict liability, public
nuisance
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LAWSUIT PREEMPTION
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NO
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CASE STATUS
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Oral argument 4/13/01. 12/16/02 case DISMISSED. On
4/29/04 DC Ct. of App. upheld part and reversed on
"absolute" liability claims. On 5/14/04 both parties
petitioned for rehearing. It was granted 10/19/04. En banc
hearing held 1/11/05. On 4/21/05 DC Ct. of App. held that
individuals could sue under the D.C. assault weapon strict
liability law. Def's appealed to US Sup. Ct. on 7/20/05.
Cert. was denied on 10/3/05.
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PLAINTIFFS
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City of Philadelphia
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Date, Court Case#
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4/11/00 Ct. of Common Pleas, Phila County 00-1442
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DEFENDANTS
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14 manufacturers and distributors
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ALLEGED CLAIMS
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Negligent distribution, public nuisance
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LAWSUIT PREEMPTION
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YES -- passed 12/99
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CASE STATUS
|
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. **
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PLAINTIFFS
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City of New York
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Date, Court Case#
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5/20/00 US Dist. Ct., ED NY 1:00-CV-3641
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DEFENDANTS
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24 manufacturers and distributors, 3 trade
associations
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ALLEGED CLAIMS
|
Negligent distribution, public nuisance, deceptive
advertising
|
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LAWSUIT PREEMPTION
|
NO
|
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CASE STATUS
|
Defendants did not file a motion to dismiss. Discovery is
ongoing at this time. Stay was lifted on 1/13/04 and the
city was allowed to amend its complaint. A writ of mandamus
to recuse Judge Weinstein was denied on 5/21/04. Discovery
continues. Trial is set for 11/27/05.
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PLAINTIFFS
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State of New York
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Date, Court Case#
|
6/26/00 NY Superior Ct. NY County 402586/00
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DEFENDANTS
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25 manufacturers and distributors
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ALLEGED CLAIMS
|
Negligent distribution, public nuisance
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LAWSUIT PREEMPTION
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NO
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CASE STATUS
|
DISMISSED 8/10/01 by trial court. DISMISSED again by
Appeals Court 6/24/03. On 7/28/03 the A.G. filed another
appeal. DISMISSED 10/21/03 by NY Court of Appeals. **
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PLAINTIFFS
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Jersey City v. Smith & Wesson et al
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Date, Court Case#
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3/28/02 Sup. Ct. Of NJ, Hudson County.
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DEFENDANTS
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12 manufacturers, 2 dealers, 3 trade associations
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ALLEGED CLAIMS
|
Public nuisance
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LAWSUIT PREEMPTION
|
NO
|
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CASE STATUS
|
Complaint filed on 3/28/02. A motion to dismiss was not
filed. Plaintiff's voluntarily DISMISSED case on 11/7/03.
**
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