Finally some hint of sanity is beginning to emerge in the frivilous lawsuit game:
Saturday August 12 10:48 AM ET
Court Says City Can't Sue Gun Makers for Damages
CINCINNATI (Reuters) - Saying it did not want to open a ''Pandora's box'' for lawsuits against other industries, an appeals court has upheld a judge's decision to throw out a suit by the city of Cincinnati seeking to recover millions of dollars from gun manufacturers.
In its unanimous decision Friday, the Ohio First District Court of Appeals likened the city suit to the ``absurdity'' of suing the makers of matches because of losses from arson. Cincinnati had joined with more than 30 other cities nationwide in attempting to recover enormous monetary sums from gunmakers for crime and violence done with guns.
The appellate court's opinion said the city suit was fatally flawed because it had failed to link any direct damages from gun violence to specific gun-manufacturer defendants.
``Manufacturers have no duty to give warnings about the obvious dangers of handguns,'' the court's majority opinion said.
``Were we to decide otherwise, we would open a Pandora's box. The city could sue the manufacturers of matches for arson, or automobile manufacturers for traffic accidents, or breweries for drunken driving.''
Attorney Stanley Chesley, representing the city of Cincinnati, said he would ask the City Council to authorize him to appeal Friday's ruling to the Ohio Supreme Court.
http://dailynews.yahoo.com/h/nm/20000812/ts/crime_guns_dc_2.html
Looks like this one could go all the way to the US Supreme court, but I serioulsy doubt it will. The manufacturers need to launch a counter-offense, and begin suing the cities and municipalities to recover damages from fivilous lawsuits. With this case being dismissed with such extreme prejudice, I would thinbk they would have solid grounds for such a suit.
Saturday August 12 10:48 AM ET
Court Says City Can't Sue Gun Makers for Damages
CINCINNATI (Reuters) - Saying it did not want to open a ''Pandora's box'' for lawsuits against other industries, an appeals court has upheld a judge's decision to throw out a suit by the city of Cincinnati seeking to recover millions of dollars from gun manufacturers.
In its unanimous decision Friday, the Ohio First District Court of Appeals likened the city suit to the ``absurdity'' of suing the makers of matches because of losses from arson. Cincinnati had joined with more than 30 other cities nationwide in attempting to recover enormous monetary sums from gunmakers for crime and violence done with guns.
The appellate court's opinion said the city suit was fatally flawed because it had failed to link any direct damages from gun violence to specific gun-manufacturer defendants.
``Manufacturers have no duty to give warnings about the obvious dangers of handguns,'' the court's majority opinion said.
``Were we to decide otherwise, we would open a Pandora's box. The city could sue the manufacturers of matches for arson, or automobile manufacturers for traffic accidents, or breweries for drunken driving.''
Attorney Stanley Chesley, representing the city of Cincinnati, said he would ask the City Council to authorize him to appeal Friday's ruling to the Ohio Supreme Court.
http://dailynews.yahoo.com/h/nm/20000812/ts/crime_guns_dc_2.html
Looks like this one could go all the way to the US Supreme court, but I serioulsy doubt it will. The manufacturers need to launch a counter-offense, and begin suing the cities and municipalities to recover damages from fivilous lawsuits. With this case being dismissed with such extreme prejudice, I would thinbk they would have solid grounds for such a suit.