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Appeals Court Lets Suit Against Gunmaker Proceed (CA)
The Washington Post ^ | May 30, 2004 | NA

Posted on 05/30/2004 1:05:04 AM PDT by neverdem

Reuters

SAN FRANCISCO -- The chief Western U.S. appeals court stood by its decision Friday to allow a wrongful-death lawsuit to proceed against a gun manufacturer.

The U.S. Court of Appeals for the 9th Circuit declined to have a larger panel of judges reconsider its 2 to 1 November ruling that allowed a lawsuit against Glock Inc. and gun sellers. The suit alleges negligence for using a distribution scheme that made it likely their guns would end up in the hands of illegal buyers.

The case stems from the murder of a postal worker, Joseph Ileto, who was shot by a white supremacist. The gunman also shot and injured three young children, a teenager, and an adult worker at a Jewish Community Center in Granada Hills, Calif., in 1999.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Breaking News; Business/Economy; Constitution/Conservatism; Government; News/Current Events; Politics/Elections; US: California; US: District of Columbia; War on Terror
KEYWORDS: 2ndammendment; activistcourts; activistjudges; bang; banglist; constitution; guncontrol; gungrabbers; judicialactivism; judicialtyrrany; lawsuit; lawsuitabuse; loserpays; productliability; secondamendment; secondammendment; tortreform
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I tried to google this Reuters story, but only WaPo is printing it so far. A majority of the 26 member 9th Circus declined to rehear the appeal en banc with 8 dissenting votes, thus upholding its tradition of stupid decisions.
1 posted on 05/30/2004 1:05:05 AM PDT by neverdem
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To: *bang_list

BANG


2 posted on 05/30/2004 1:05:53 AM PDT by neverdem (Xin loi min oi)
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To: neverdem
What's next? People suing food manufacturers for making them fat?
3 posted on 05/30/2004 1:16:39 AM PDT by Myrddin
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To: Myrddin

Acutally...how about people suing judges who let violent felons back on the street?

Nah, there is actually a modicum of sense in the above. The judicial system would therefore never go for it.


4 posted on 05/30/2004 1:24:38 AM PDT by swilhelm73
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To: swilhelm73

The courts are the judge, jury, and executioner as well as the legislature in this country today. We live in a system of judicial tyranny, and the judges have rigged it so that they can't be held accountable. You can't sue them for any decision, no matter how flawed or contrary to law, the Constitution, or common sense.


5 posted on 05/30/2004 4:56:36 AM PDT by Hardastarboard
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To: Hardastarboard

You must remember that the California state flag has a bear and a red star on it,ever wonder why?.


6 posted on 05/30/2004 6:09:23 AM PDT by Vaduz (and just think how clean the cities would become again.)
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To: neverdem

Full article here sans the Washington Compost:


http://www.reuters.com/newsArticle.jhtml?type=domesticNews&storyID=5291957


7 posted on 05/30/2004 6:13:23 AM PDT by need_a_screen_name
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To: Myrddin

I think you're on to something.


8 posted on 05/30/2004 6:18:10 AM PDT by Eric in the Ozarks (STAGMIRE !)
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To: neverdem
The 9th Circus...
9 posted on 05/30/2004 7:30:57 AM PDT by facedown (Armed in the Heartland)
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To: neverdem

Give california back to Mexico.


10 posted on 05/30/2004 7:35:09 AM PDT by aomagrat (Where arms are not to be carried, it is well to carry arms.")
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To: glock rocks
I hope you paid that insurance premium Friday...
11 posted on 05/30/2004 7:42:43 AM PDT by tubebender (A tag line is nothing more and nothing less than a tag line...)
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To: tubebender; B4Ranch

No problem, when it goes to appeal, I'm sure that SCOTUS will be sure their decision is within UN guidelines.


12 posted on 05/30/2004 9:46:35 AM PDT by glock rocks (why is it kids can't read the bible in school, but can read the bible all they want once in prison?)
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To: glock rocks

With eight dissents, I think there's a good chance SCOTUS will reverse this monstrosity. One of the dissenters really got it right by stating that the majority's "reasoning" would allow anyone injured by a juvenile driving a high powerred car over the speed llimit to sue the car's maker for negligent marketing, since that maker advertised the car's performance capability.

The big problem with this firearms litigation is that the "reasoning" of the plaintiffs could be applied in any litigation against any manufacturer of any powerful or potentially destructive machine. For example, makers of various type of kitchen knives joyously advertise their products day and night on cable channels THAT CHILDREN CAN WATCH. They all claim their knives are sharper and more capable of cutting while retaining their edges than any other knives. If a neo-Manson cult acquired a number of such weapons after watching the advertising and proceeded to butcher 20 citizens, one of the victims' heirs could argue the knife manufacturer was liable for the murder because the manufacturer "negligently" advertised its great cutting properties. Same holds true for somebody whose copyrighted work is illegally reproduced by somebody with a copying machine.


13 posted on 05/30/2004 12:40:10 PM PDT by libstripper
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To: neverdem

Ahem... isn't liberals providing welfare money to criminals that allow them to have guns and what not?


14 posted on 05/30/2004 2:39:47 PM PDT by JudgemAll
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To: Travis McGee; Joe Brower

oh, boy...


15 posted on 05/30/2004 8:39:33 PM PDT by King Prout (the difference between "trained intellect" and "indoctrinated intellectual" is an Abyssal gulf)
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To: neverdem
Thus General Motors would be sued by someone who was hit by a Corvette that had been stolen by a juvenile," she wrote.

Is the NRA going to help us out on this one by supplying legal talent to sue General Motors, etc. ?

A few suits against other potential targets, and we would have some protection.

16 posted on 05/30/2004 10:12:15 PM PDT by CurlyDave
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To: Myrddin

http://www.brokennewz.com/displaystory.asp_Q_storyid_E_971saddamvp

More good nooooze !

Stay Safe !


17 posted on 05/30/2004 10:14:54 PM PDT by Squantos (Be polite. Be professional. But, have a plan to kill everyone you meet.)
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To: Squantos
My wife liked that one. Thanks!
18 posted on 05/30/2004 10:35:50 PM PDT by Myrddin
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To: libstripper

Suppose this goes to a trial and the jury calls the plaintiff's arguments horse manure. Does that set any precedent?


19 posted on 05/30/2004 10:36:48 PM PDT by The Red Zone
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To: CurlyDave; Travis McGee; Joe Brower; King Prout
Is the NRA going to help us out on this one by supplying legal talent to sue General Motors, etc. ?

While the ACLU and many other hard left groups joined the NRA in opposing McCain's half-baked, crazy CFR, don't hold your breath expecting GM, Ford, fast food, etc. to file amicus briefs in support of the NRA, NSSF, firearm dealers and manufacturers, etc. saying that individuals are responsible for their own actions. They'll be boycotted for supporting the NRA.

20 posted on 05/30/2004 10:50:32 PM PDT by neverdem (Xin loi min oi)
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