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Saturday, November 16, 2002

TAXPAYER FUNDED RECKLESS LAWSUITS

 

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,
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.

 

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