|
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,
OH
|
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.
|
|
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.
|