First Reckless Lawsuit
Meets Final Demise
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"...By far, the
consensus by judges reviewing these cases is that there is no
basis in law to hold the manufacturer of a legally sold,
non-defective product responsible for the criminal misuse of that
product..." |
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-- National Shooting Sports Foundation President Robert Delfay |
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New Orleans'
Unhappy Mayor
Mark Morial |
The City of New Orleans continues to set precedents when it comes
to reckless lawsuits designed to bankrupt the nation's gun
manufacturers - but most are not the kind its mayor hoped for. New
Orleans was the first city to file a reckless lawsuit against the
firearms industry, under the orders of anti-gun Mayor Marc Morial
(D), setting the stage for more than two dozen that followed.
The New Orleans suit, however, was also the first to be rejected
by a state supreme court earlier this year. And on Tuesday, the
Supreme Court of the United States let stand the April 3 ruling
by the Louisiana Supreme Court, making the New Orleans suit the
first of its kind to be rejected by the highest court in the
land.
The New Orleans suit was the model for several similar
suits promoted by anti-gun government officials. These suits
have been brought in collaboration with a mix of anti-gun
organizations - whose goal is to drive gun makers out of
business - and a cabal of greedy trial lawyers, who are eager to
line their pockets with the proceeds from any judgements or
settlements that might come in their favor. When the Louisiana
Supreme Court dismissed the New Orleans lawsuit on a 5 - 2
ruling, it upheld the Louisiana state law passed last year that
bars municipalities from filing lawsuits against the firearms
industry.
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"...[An appeal is] probably not a likely route for us... It's not
likely we're in a very strong position..." |
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-- Bridgeport's anti-gun
Mayor Joseph Ganim
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This week's ruling by the U.S. Supreme Court
represents a crushing defeat for those who promote these reckless
lawsuits. While the decision does not set any specific legal
precedent, it clearly indicates the highest court in the land
does not intend to interfere with state laws that prohibit
municipalities from filing reckless suits against gun makers.
NRA has been able to increase the number of states with such
prohibitions to 27, choking off the ability of anti-gun
extremists to pursue their gun-ban agenda at taxpayer expense.
This week's rejection of the New Orleans lawsuit also appears to
have brought at least a temporary end to a similar suit filed by
Bridgeport, Conn. On October 1, the Connecticut Supreme Court
upheld a ruling that dismissed Bridgeport's suit in 1999 because
the city lacked "...any statutory authorization to
initiate...claims" of liability against the firearms industry.
After this week's rejection of the New Orleans suit, Bridgeport's
anti-gun Mayor Joseph Ganim (D) told the Associated Press this
week that an appeal of his city's suit to the U.S. Supreme Court
was, "[P]robably not a likely route for us," and, "It's not
likely we're in a very strong position." He did, however,
indicate that he would not rule out other avenues to continue his
abuse of the courts, stating he would speak with Connecticut's
anti-gun Attorney General Richard Blumenthal (D), who supported
the Bridgeport suit, to explore all options.
NSSF President
Robert Delfay |
The continued accumulation of losses through the courts appears
to have become so unsettling to the gun-ban lobby formerly known
as HCI that it seems to have escalated it campaign of making
grossly misleading statements. The group's president, Michael
Barnes, misled Congress earlier this year while testifying before
the Senate, and now Dennis Henigan, who heads Barnes' lawsuit
arm, has also been caught making misleading statements. After
the U.S. Supreme Court rejected the New Orleans appeal, Henigan's
attempt to misrepresent his group's mounting legal losses was met
with sharp criticism by National Shooting Sports Foundation
(NSSF) President Robert Delfay. Henigan, speaking of the status
of the reckless lawsuit campaign, claimed, "You have cases going
both ways. It's pretty much split down the middle." But Delfay
responded by stating, "These comments by Mr. Henigan totally
misrepresent the true status of the municipal litigation against
the firearms industry."
Delfay went on to say, "By far, the
consensus by judges reviewing these cases is that there is no
basis in law to hold the manufacturer of a legally sold,
non-defective product responsible for the criminal misuse of that
product. The attempt by nearly 30 municipalities to do so is
totally political and distasteful, as is Mr. Henigan's
misrepresentation of the status of these lawsuits."
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