Judge KOs Miami Gun Maker Lawsuit--We're On a Roll!!!

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Judge KOs Miami Gun Maker Lawsuit
By Mark Long
Associated Press Writer
Monday, Dec. 13, 1999; 9:00 p.m. EST

MIAMI –– A judge dismissed Miami-Dade County's lawsuit against gun makers Monday, agreeing with the industry that the county has no standing because it has not suffered any direct injuries from guns.

Mayor Alex Penelas said he will appeal.

"This is not unlike what happened in the early stages of tobacco legislation," he said. "And we know where that stands now."

Miami-Dade was one of about 30 cities and counties suing more than two dozen gun makers.

The other lawsuits have had mixed success. A judge rejected a suit in Bridgeport, Conn., last week, and Cincinnati's suit was dismissed in October. But judges in Chicago and Atlanta have allowed suits to proceed and ordered the industry to open its files.

The Clinton administration is preparing a national lawsuit on behalf of local public housing authorities, charging gun makers negligently allowed guns to fall into criminal hands. The move is an attempt to pressure the industry to negotiate settlements to the cities' lawsuits.

Penelas filed the suit on behalf of Miami-Dade County in hopes of holding the industry responsible for the police and medical costs of gun-related deaths and injuries. The lawsuit alleged that manufacturers negligently design their guns, failing to employ safety devices that could alert users to a round in the chamber or prevent firing by children.

The suit sought unspecified damages from 26 companies that make, distribute or sell firearms and three trade associations.

But Circuit Judge Amy Dean ruled said that under Florida's product liability law, such suits should be filed by individuals who were injured by a specific defective product.

The Bridgeport lawsuit was thrown out on the same grounds. The judge in Cincinnati's case said the risks associated with guns are "obvious and matters of common knowledge."

"These decisions are a justification of what our industry has maintained all along – that these suits are without merit and have no legal basis whatsoever," said Robert T. Delfay, the president and chief executive officer of the National Shooting Sports Foundation.

© Copyright 1999 The Associated Press
 
I'd wish the gunmakers would file a countersuit for abuse of process. Obviously those city attorneys have too much time on their hands and needs experience in defending their city.

Tort Reform Now!
 
quote:
The Clinton administration is preparing a national lawsuit on behalf of local public
housing authorities, charging gun makers negligently allowed guns to fall into criminal hands.

So after this happens, does he sue the auto manufacturers because cars were used in drive-bys, high speed chases, bank robberies and other criminal activities?
Btw, as I understand it, Gov. Mike Foster of La. passed law against any La city suing for negligence(sp?) So much for New Orleans. :)
 
I don't like Miami, and avoid going there whenever possible, but I'll have to say, I am impressed with that court ruling. Maybe there are some sane people living there after all.

And ol' Alex needs to get his head... er, he needs to wake up. How can someone who lives in one of the most criminal-laden cities stand against personal gun ownership? I'm sure it makes for great politics, but from a real-world standpoint, it's suicidal.

jth

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"Corruptisima republica plurimae leges." (The more corrupt the state, the more numerous the laws.)
- Tacitus
 
On my way to the cafeteria, I noticed a grim-faced CNN talking head on the ubiquitous monitors. Figured there was another incident, and, in a way, I was right. "Another city has lost its' battle against gun makers," read the closed-captioning. Yeah, blah-blah-blah, this is *good* news, why are they looking like their best friend just stomped their pupppy?

Oddly enough, the talking head cheered right up as they went to commercial. Hmmm.

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"The evils of tyranny are rarely seen but by him who resists it."
-- John Hay, 1872
 
We all need to watch the big three NY Evening News tonight and the Lehrer News Hour. I'm sure they will have something on this ... right? Well ... won't they? Won't they?

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Gun Control: The proposition that a woman found dead in an alley, raped and strangled with her own panty hose, is more acceptable than allowing that same woman to defend herself with a firearm.
 
The Miami Herald had this in today's (12-14) issue at:
http://www.herald.com/content/today/digdocs/057689.htm

Officials threaten suit against gun
makers if they won't discuss deal

WASHINGTON -- (AP) -- Despite recent setbacks to the gun lawsuit cause in
Florida and Connecticut, federal and local officials are still threatening to bring a
national lawsuit against the gun industry if manufacturers fail to enter negotiations
designed to increase firearm safety.

``This is a problem that can no longer be ignored,'' Housing and Urban
Development Secretary Andrew Cuomo said after meeting today with
representatives of 19 local jurisdictions and the NAACP.

Characterized by participants as a productive session, the gathering at HUD
headquarters was the first step by national and local officials to persuade gun
makers to negotiate or face a federal class action suit from public housing
authorities.

``We don't want to spend years in courts when we can save lives now,'' said
Bruce Reed, the White House domestic policy adviser who attended the meeting.

A National Rifle Association official said the threatened federal lawsuit smacks of
``desperation'' on the part of the Clinton administration after it failed to persuade
the GOP-led Congress to pass additional gun control measures this year.

``I think it's a show of desperation on their side that they would still be talking
about heavy-handed legal tactics that have been thrown out in courtrooms in
Florida, Connecticut and Cincinnati,'' said James J. Baker, director of the NRA's
Institute for Legislative Action.

On Monday, a Florida state judge threw out a suit filed by Miami-Dade County
alleging guns created a public nuisance and threatened residents' safety. Last
Friday, a Connecticut state judge dismissed a similar suit brought by the city of
Bridgeport. And in October, an Ohio judge dismissed Cincinnati's suit. At the
same time, another judge in October allowed Atlanta's suit to proceed and
ordered the industry to open its files.

Reed said the gun industry should not rely on the negative rulings as protection
from future decisions and avoid negotiating how to make guns safer with new
technology and how to change distribution, marketing and advertising practices in
ways the cities are seeking.

``We've had good days and we've had bad days in court but this issue won't go
away,'' Reed said. ``I think it's in their interest to stay at the (negotiating) table.''

Bridgeport Mayor Joseph Ganim said his city would appeal Friday's ruling and
said the federal response on the gun issue would give local suits more weight in
the court of public opinion if not the courtrooms of state judges.

``Getting HUD to join us is big because we can get in under one umbrella without
waiting to see what happens in 20 different verdicts,'' Ganim said.

Cuomo said that in the coming weeks, representatives from HUD and other
federal agencies including the Justice and Treasury Departments would huddle
with state, county and city government officials ``to get a better sense of where
we are going.''

Baker of the NRA said gun makers would likely talk with the group that emerges
from HUD's efforts, but said he feared other suits might arise even if a settlement
were reached.

``They won't be able to bind the whole world to one settlement,'' Baker said.
``They could get a settlement with the housing authorities and there could still be
50 or 100 other lawsuits out there,''

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Gun Control: The proposition that a woman found dead in an alley, raped and strangled with her own panty hose, is more acceptable than allowing that same woman to defend herself with a firearm.
 
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