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Taxpayer Funded Reckless Lawsuits Against The Firearms Industry

Tuesday, July 1, 2003

TAXPAYER FUNDED RECKLESS LAWSUITS

TAXPAYER FUNDED RECKLESS LAWSUITS

AGAINST THE FIREARMS INDUSTRY

 

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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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.