Sure seems like we've been getting favorable decisions in a lot of these things...
Tom
U.S. Federal Appeals Court Dismisses NY Suit vs. Gun Industry
NEW YORK (Reuters) - A U.S. federal appeals court on Wednesday dismissed a lawsuit filed by New York City against gun makers and suppliers the city targeted in a bid to stop the flow of illegal weapons.
The 2nd U.S. Circuit Court of Appeals rejected the city's claims against the manufacturers and wholesale sellers of firearms, saying a federal law granted them immunity.
The decision overturns a lower court ruling.
The gun manufacturers had appealed a decision by federal Judge Jack Weinstein, who ruled the courts had jurisdiction to hear the lawsuits.
The city claimed firearms makers and suppliers marketed guns to legitimate buyers knowing those guns would be end up in illegal markets.
The federal appeals court panel ruled that the gun suppliers had immunity under a federal law passed in 2005 that prevents firearms manufacturers and dealers from being held liable for crimes committed with their products.
The lawsuit, originally filed in 2000 under former New York Mayor Rudolph Giuliani, sought no monetary damages but claimed suppliers marketed guns to legitimate buyers knowing they would then be used illegally.
The city argued suppliers should be ordered to more closely monitor the flow of firearms into illegal markets.
The lawsuit was amended in 2004 under Mayor Michael Bloomberg, who filed similar civil lawsuits against gun dealers in 2006. Many of those lawsuits have been settled.
OT - Appeals Dismisses NY Suit -vs- Gun Industries
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OT - Appeals Dismisses NY Suit -vs- Gun Industries
Tom
'A Man's got to have a code...
I won't be wronged, I won't be insulted and I won't be laid a hand on.
I don't do these things to other people, and I require the same from them."
-John Bernard Books. Jan. 22, 1901
'A Man's got to have a code...
I won't be wronged, I won't be insulted and I won't be laid a hand on.
I don't do these things to other people, and I require the same from them."
-John Bernard Books. Jan. 22, 1901
- O.S.O.K.
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Yes, and the real problem is the cost of defending against these attacks.
I really am a strong believer in a "loser pays" litigation reform law.
That is to say, you can bring a suit against anybody you want but you must pay their legal fees if you do not prevail.
The system already allows for the plaintiff to recover legal fees if they do prevail, but the reverse is not usually sucessful and costs even more to pursue!
The system is just set up wrong right now - pure and simple.
I really am a strong believer in a "loser pays" litigation reform law.
That is to say, you can bring a suit against anybody you want but you must pay their legal fees if you do not prevail.
The system already allows for the plaintiff to recover legal fees if they do prevail, but the reverse is not usually sucessful and costs even more to pursue!
The system is just set up wrong right now - pure and simple.
NRA Endowment Life
Phi Kappa Sigma, Alpha Phi 83 "Skulls"
OCS, 120th MP Battalion, MSSG
MOLON LABE!
Phi Kappa Sigma, Alpha Phi 83 "Skulls"
OCS, 120th MP Battalion, MSSG
MOLON LABE!
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