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Posted: 12/18/2001 12:41:19 PM EDT
· NEW JERSEY COURT ALLOWS GUN SUIT TO PROCEED . . . Although numerous claims against the firearm industry have been dismissed over the past six months, a New Jersey Superior Court judge decided Dec. 10 to allow the City of Newark's lawsuit against gun manufacturers and their trade associations to proceed to the discovery stage. The court noted that although the city's "claims are novel and push the limits of civil liability," at this time it was "not concerned about whether the Plaintiff can prove its case," and that ultimately the case would "be decided at the highest level." The court ruled that the suit could go forward on the city's allegations of negligent marketing and distribution, and public nuisance. It ruled in favor of the industry, however, in dismissing several claims including those of product liability and unjust enrichment. "We are, of course, disappointed the court will permit the City of Newark to waste taxpayer money in a futile attempt to try and prove that manufacturers who sell legal, highly-regulated, non-defective products are somehow responsible for criminal violence committed with a firearm," said Lawrence G. Keane, NSSF vice president and general counsel. "Every appellate court in the nation to consider this notion, including the state supreme courts of New York, Connecticut, California, Florida and Louisiana, has flatly rejected it," Keane said. "We believe the federal appeals court in the Camden County, NJ case was correct when it recently upheld the dismissal of that case saying that, 'non-defective, lawful products . . . cannot be a nuisance without straining the law to absurdity,'" added Keane. Can you guys believe how spineless this judge is. Just throw the damn case out and be done with it. Jeez
Link Posted: 12/18/2001 12:43:03 PM EDT
You sound... surprised? Gotta love these people! (even though they don't love me)
Link Posted: 12/18/2001 1:07:53 PM EDT
It will probbly be thrown in the next level of court. For me, I don't know how the municipalities get all this money. They always seem to be claiming poverty, but they always seem to get enough money for BS like this.
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