Posted on 02/10/2005 8:40:03 PM PST by NormsRevenge
SAN FRANCISCO (AP) - A state appeals court late Thursday upheld a lower court's decision dismissing a lawsuit brought by several California cities and counties against dozens of gun manufacturers.
San Francisco, Berkeley, Sacramento, Los Angeles and the counties of San Mateo, Alameda and others alleged the makers marketed, distributed, promoted and designed handguns in a manner "that facilitates the weapon to be used in violent crimes."
A San Diego judge tossed the case in 2003, saying the government agencies could not establish a connection between the makers' business practices and the acquisition of firearms by criminals.
The judge kept alive a handful of the cases against some distributors on grounds they violated state law by selling firearms to shops without verifying whether the purchasers were licensed dealers. Some of those distributors changed their practices or gave up their seller's licenses.
In rejecting the local government's appeal, the 1st District Court of Appeal ruled "the evidence does not sufficiently establish the alleged acts of the defendants caused the diversion of firearms to the criminal market."
The appeals court, based in San Francisco, said that the makers could be sued if there was "different evidence."
The case is In re Firearm Cases, A103211.
fyi
BANG !!!
Perfect.
now that that is out of the way the gun companys need to sue the citys and ountys for slander, liable, judicial harrasmen,t and extortion and NOT settle out of court.They need to sue everyone involveed personally also as well as take al l the lawyers involved and file etthics complaints against them with the cali bar.If the gun companys dont do this then they have no right to bitch when some other citys adn states outside of cali drag them through court becasue they have nothing to lose or fear from the gun companys that will get slapped around by th e goverments and stand back meekly and say thank you sir may i please have another.We will never get tort reform passed in this country even with the repubs in a majority in every branch of goverment.The only way frivolous lawsuits will stop is when the people are scared so sh**less about being houded and sued into bankruptcy by the people they try to win the lawsuit lottry agaisnt will any of thi s b.s. stop.
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