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May 28, 2004


Ninth Circuit allows gun lawsuit to proceed

Howard Bashman reports on How Appealing that the Ninth Circuit has declined to rehear en banc the decision of a panel issued last fall in Ileto v. Glock, which held that the gun manufacturer could be held liable for selling a firearm in Washington state that wound up being used in Buford Furrow's 1999 shooting spree in California. For my thoughts on the original decision, see my article last fall in National Review Online.

UPDATED JUNE 2: See also the entries on the original decision at overlawyered.com, which includes links to interesting discussions at other sites, including Volokh conspiracy.

Readers interested in gun nuisance suits should also look at Judge Jack Weinstein's recent decision to permit a similar "public nuisance" lawsuit to go forward in the Southern District in City of New York v. Beretta, despite an Appellate Division decision that seems to interpret New York law as not supporting such suits. See also Ted Frank's commentary, with links, on overlawyered.

Finally, our editor has testified before Congress in support of legislation to limit gun nuisance suits. Stay tuned for our initial featured discussion, between our own Walter Olson and Michael Krauss of George Mason law school, on this very topic.

Posted by James R. Copland at 04:45 PM | TrackBack (0)



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