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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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