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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
[#1]
You sound... surprised?  Gotta love these people!  (even though they don't love me)
Link Posted: 12/18/2001 1:07:53 PM EDT
[#2]
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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