Firearm Industry Litigation Scorecard

New Orleans (retroactively)

Detroit (retroactively)

Philadelphia

Wayne County, MI (retroactively)

Atlanta (retroactively)

St. Louis (retroactively)

Ileto v. Glock, Inc. et al.
Case dismissed on remand as to Glock and its distributor RSR on March 14, 2006 by U.S. District Ct. Central District of California.  Appeal briefs to 9th Cir. Ct. of Appeals due July 11, 2007.

Pavelka v. Beretta U.S.A., Corp. et al. (Los Angeles County, CA)
Case dismissed May 19, 2006 by Superior Ct. of California, Los Angeles County.

District of Columbia and Lawson, et al. v. Beretta U.S.A., Corp. et al.
Case dismissed by DC Sup. Ct. May 22, 2006.  Dismissal affirmed unanimously by 3-judge panel of the DC Ct. of App. Jan. 10, 2008.  The District’s petition for en banc review of the panel’s decision denied June 9, 2008.  The District’s deadline for filing its Petition for Writ of Cert. with the US Supreme Ct has been extended to Oct. 23, 2008. 

Fully & Finally Adjudicated Cases

New Orleans—Affirmed LA Supreme Ct., cert. denied by U.S. Supreme Ct.

Bridgeport—Affirmed CT Supreme Ct.

Miami-Dade Co.— Affirmed FL Appellate Ct., petition denied by FL Supreme Ct.

Camden Co.— Affirmed U.S. 3rd Cir. Ct. of Appeals.

Philadelphia—Affirmed U.S. 3rd Cir. Ct. of Appeals.

Atlanta—Case dismissed by GA Ct. of Appeals.

Boston—Voluntarily dismissed with prejudice

Wilmington—Case dismissed by Superior Ct., New Castle Co. No appeal taken.

Cincinnati—Dismissed by trial court; affirmed by OH Court of Appeals; reversed (4-3) by OH Supreme Ct. On April 30, 2003, City Council voted unanimously to voluntarily dismiss case.

NAACP—On May 14, 2003, advisory jury found no defendants liable. Case dismissed on July 21, 2003. NAACP dismissed its appeal on Oct. 20, 2003. U.S. 2d Cir. Ct. of Appeals granted NAACP's motion to dismiss defendants' appeal on August 3, 2004.

Camden City—Dismissed without prejudice on July 7, 2003.

Detroit/Wayne Co.—MI Court of Appeals reversed trial court and remanded for dismissal on August 7, 2003.

New York State—Dismissal by trial court (August 2001), affirmed [3-1] by NY State Appellate Division, 1st Dept. on June 24, 2003. On Oct. 21, 2003, NY Ct. of Appeals denied leave to appeal.

Newark—Appellate Division upheld trial court order denying manufacturers' motion to dismiss. On Dec. 4, 2003, case was voluntarily dismissed without prejudice. On March 10, 2004, trial court ordered case dismissed with prejudice.

St. Louis—On Oct.15, 2003, trial court granted defendant manufacturers' motion to dismiss. On July 27, 2004, MO Ct. of Appeals affirmed dismissal based on retroactive application of MO state preemption statute. On Sept. 9, 2004, MO Ct. of Appeals denied St. Louis' motion to rehear its appeal. On Oct. 26, 2004, MO Supreme Ct. rejected St. Louis' appeal.

Jersey City—Complaint voluntarily dismissed on Nov. 7, 2003.

Chicago—On Nov. 18, 2004, a unanimous Illinois Supreme Ct. reversed Ct. of Appeals and reinstated Superior Court's order of dismissal. On Jan. 24, 2005, plaintiffs' petition for rehearing denied by IL Supreme Ct.

California—On Feb. 10, 2005, CA Ct. of Appeals unanimously affirmed the Superior Court's March 2003 dismissal of municipal claims against the industry defendants for public nuisance and unfair and deceptive business acts and practices. Municipal motion to "depublish" the certified opinion of the Ct. of Appeals subsequently denied by the CA Supreme Ct.

Cleveland—Case dismissed on Sept. 26, 2005 without prejudice, to re-file by Jan. 21, 2006.

Young, Smith and Ceriale— On Nov. 18, 2004, a unanimous Illinois Supreme Ct. reversed the Ct. of Appeals and ordered the dismissal of three cases arising out of separate criminal shootings.

Smith v. Bryco and Johnson v. Bryco—Case dismissed as to distributor AcuSport on July 7, 2005.

Grunow v. Valor—Case dismissed on June 1, 2005 by Florida Fourth District Court of Appeals.

On Oct. 26, 2005, President Bush signed the Protection of Lawful Commerce in Arms Act (“PLCAA”) into law. (Public Law 109-92; 119 Stat. 2095)

Gary v. Smith & Wesson Corp. et al.
On Dec. 23, 2003, IN S. Ct. reversed IN Ct. of App. and remanded case to trial court for further proceedings.  US Dept. of Justice intervenes to support constitutionality of PLCAA. Defendants' motion to dismiss based on PLCAA denied Oct. 23, 2006.  Trial court found PLCAA to be an unconstitutional Ex Post Facto law in violation of the city's Due Process rights, as well as a violation of Separation of Powers under US v. Klein, 80 US 128 (1872). Defendants' motion for interlocutory appeal of trial court's denial to dismiss subsequently granted by IN Ct. of App.  On October 29, 2007, IN Ct. of App. affirmed trial court's denial finding PLCAA does not bar city's claims but does
not rule on constitutionality of PLCAA.  IN Ct. of App. denies defendants' petition for rehearing.  Defendant's have filed a petition seeking transfer of case to IN. Sup. Ct. and dismissal.

City of New York v. Beretta U.S.A., Corp. et al.
On Dec. 2, 2005, the Dist. Ct. upheld the constitutionality of the PLCAA but denied defendants' motion to dismiss based on the Act.  On April 30, 2008, the 2nd Cir. Ct of Appeals reversed in part and affirmed in part the Dist. Ct. concluding that the City's lawsuit does not fall within any exception of the PLCAA.  The 2nd Cir. further held that the PLCAA is a valid exercise of Congress's powers under the Commerce Clause and that the PLCAA does not violate separation of powers or otherwise offend the Constitution.  The 2nd Cir. remanded back to the Dist. Ct. with instructions to enter judgment dismissing the City's suit as barred by the PLCAA.  The City's subsequent petition for rehearing en banc was denied Aug. 20, 2008.  The City has until Nov. 18, 2008 to file its Petition for Writ of Cert.

Hernandez v. Kahr, Inc. et al. & Maisonet v. Kahr, Inc. et al.
Suits arising from same shooting incident filed in Mass. Superior Court (Worcester) for wrongful death, negligence and nuisance brought separately by Armando Maisonet, who was wounded, and relatives of decedent Danny Guzman.  The criminal shooting occurred Christmas Eve 1999 at a well-known gang hangout and was committed with an unfinished, but functioning firearm assembled from individual parts that were stolen from Kahr by an ex-employee.  Case now in discovery.  Defendants have filed separate motions to stay both proceedings and immediately dismiss the cases as required by the PLCAA.  Amicus brief filed by the Commonwealth of Massachusetts on March 16, 2006 supporting plaintiffs' opposition to defendants' motion to dismiss based on the PLCAA.  On Feb. 3, 2006, the US Department of Justice filed its brief supporting the constitutionality of the Act.

Charlot v. Bushmaster
Case arises out of a criminal shooting by Washington-area snipers (Muhammad & Malvo).  Complaint filed in DC Sup. Ct. asserting violation of DC “absolute liability” statute.  Case removed to U.S. Dist. Ct. for DC.  On July 30, 2007, the Ct. stayed consideration of Bushmaster's motion to dismiss based on the PLCAA while the D.C. Ct. of App. considered the identical issue in District of Columbia and Lawson, et al. v. Beretta U.S.A., Corp. et al.  The DC Ct. of App. dismissed Beretta and Bushmaster filed its renewed motion to dismiss with the Dist. Ct.  Bushmaster awaits decision from the Dist. Ct.

DC Gun Ban Case - US Supreme Court
District of Columbia vs. Heller (f/k/a Parker et al. v. District of Columbia)
The US Supreme Ct. in a 5-4 decision written by Justice Scalia determined that the 2nd Amendment of the U.S. Constitution guarantees an individual right to keep and bear arms and struck down the District of Columbia's handgun ban and trigger-lock requirement as a violation of the 2nd Amendment (in the context of self-defense).

• US Supreme Court Opinion
• Opinion of US Court of Appeals (DC Circuit) reversing US District Court's (DC) Dismissal
• District of Columbia Petition for Writ of Certiorari
• Brief of Respondent Dick Anthony Heller in Opposition to Cert
• Reply of Petitioner District of Columbia
• Merits Brief of Petitioner District of Columbia
• Merits Brief of Respondent Dick Anthony Heller
• Reply of Petitioner District of Columbia

City of New York v. A-1 Jewelry & Pawn, et al. (Eastern District, New York)---Lawsuit filed by the city in the Dist. Ct. (E.D.N.Y.) against15 out-of-state gun dealers seeking damages and injunctive relief to halt the dealers’ supposed illegal business practices and alleged improper gun sales.  The suit follows 6 weeks of sting operations in GA, OH, PA, SC and VA by private detectives hired by the city to visit gun dealers for the sole purpose of making illegal straw purchases.  Defendants’ motion to dismiss for lack of personal jurisdiction denied by Dist. Judge Jack Weinstein Aug. 15, 2007.  Weinstein also denied certification for interlocutory appeal.  The remaining defendants in the case and their counsel have chosen not to engage in the futile exercise of putting up a defense in what will essentially turn out to be a bench trial with the verdict being rendered by Weinstein instead of a jury.  Defendants will appeal any default judgment imposed against them.

City of New York v. Bob Moates' Sport Shop, Inc., et al. (Eastern District, New York)---Companion lawsuit to City of New York v. A-1 Jewelry & Pawn et al. brought by Mayor Bloomberg stemming from his administration's 6-week-long sting operations in GA, OH, PA, SC and VA.  Suit seeks damages and injunctive relief to halt the supposed illegal business practices and alleged improper gun sales of12 out-of-state gun dealers.

Williams v. Beemiller, Inc. d/b/a Hi-Point et al. (Erie County, NY)---Suit alleging public nuisance and negligence against Hi-Point, MKS Supply (and owner) and a firearm trade show operator for handgun sales that included a Hi-Point 9mm semiautomatic pistol used by a convicted gang member in 2003 criminal shooting. Plaintiffs amended complaint filed to fit within the exceptions of the PLCAA. Case removed to US Dist. Ct. Western District of NY. Plaintiffs' motion for remand filed Dec. 23, 2005; Defendants' response to motion filed Jan. 25, 2006. Plaintiffs' reply filed Jan. 31st. Hearing date on motion to remand yet to be scheduled.

Oliver v. Lou's of Upper Darby, Inc. et al.---Suit alleging public nuisance, negligence and wrongful death against licensed dealer and Phoenix Arms by parents of 14-year old boy shot and killed in 2004 by a minor while playing video games.  The firearm misused was lawfully sold following an approved NICS check.  The dealer's employee who conducted the sale was an off-duty federal law enforcement agent.  Plaintiffs amended their complaint less than two weeks before the enactment of the PLCAA in an attempt to fit within the exceptions of the Act.    The US Dept. of Justice has intervened to support the constitutionality of the PLCAA. Defendants' separate motions to dismiss and for an order certifying the case for interlocutory appeal denied. Defendants' notice of appeal to and petition for review by PA Superior Ct. of the trial court's decisions denied; plaintiff's motion to quash appeal granted. Defendants have filed their petition for review with the PA Supreme Court.  Case consolidated with Thomas-Childs v. American Security for discovery purposes.

Thomas-Childs v. American Security et al.---Suit alleging public nuisance, negligence and wrongful death against licensed dealer and Sturm, Ruger by mother of 10-year old boy shot and killed in 2004 by feuding drug gangs. The US Dept. of Justice has intervened to support the constitutionality of the PLCAA.  Defendants' separate motions to dismiss and for an order certifying the case for interlocutory appeal denied.  Defendants' notice of appeal to and petition for review by PA Superior Ct. of the trial court's decisions denied; plaintiff's motion to quash appeal granted. Defendants have filed their petition for review with the PA Supreme Court.  Case consolidated with Oliver v. Lou's of Upper Darby for discovery purposes.

Tucker v. Cary Jewelry & Pawn et al. (Wake County, NC)---Suit alleging negligence and wrongful death against licensed dealer and convicted felon Matthew Grant by widow of a Wake County Sheriff's Investigator shot and killed in 2004 by Grant (now serving a life sentence for the shooting). This suit, filed less than two weeks before the enactment of the PLCAA, attempts to fit within the exceptions of the Act.  Counsel for plaintiff includes the Brady Center to Prevent Gun Violence.  On March 3, 2006, plaintiff amended her complaint.  Defendant Cary Jewelry & Pawn filed amended motions to dismiss and amended answers to the complaint May 10, 2006.

Fiscal v. City and County of San Francisco---Lawsuit filed against the city and county of San Francisco, S.F. Police Chief and S.F. Police Dept. by firearms industry challenging a voter-approved ordinance (Proposition H) that banned the manufacture and distribution of all firearms and ammunition in the city and county of San Francisco, including possession of handguns within city and county limits.  On Jan. 9, 2008, the CA Ct. of Appeal (1st App. Dist.) affirmed the San Francisco County Superior Court's decision holding Prop. H invalid as preempted by state law.