Posted on 08/31/2009 1:20:49 PM PDT by neverdem
Seeking to revive a lawsuit against a gun manufacturer over a teenagers accidental but fatal shooting of a friend, lawyers for the Illinois parents of the dead boy have asked the Supreme Court to strike down a four-year-old federal law that shields the industry from many but not all lawsuits. The petition in Adames, et al. v. Beretta USA Corp., filed last Monday and docketed as 09-253, can be downloaded here [1]. That file includes the appendix. For a link only to the Illinois Supreme Court decison rejecting the constitutional challenge, click here [2].
The 2005 law titled the Protection of Lawful Commerce in Arms Act was controversial when passed, and has been attacked repeatedly since then in court. The challengers have argued variously that Congress either had no power to wipe out already-filed lawsuits against gun makers, or that it went too far in doing so. So far, the Supreme Court has not been willing to get into the controversy, and the first issue facing the new lawsuit is whether it is sufficiently different that it can not only draw the Justices interest, but also overcome likely resistance from the federal government.
Last March 19, the Court denied review in two cases challenging the Act New York City, et al. v. Beretta (08-530) and Lawson, et al. v. Beretta (08-545). The federal government joined in both of those cases to defend the law, and successfully urged the Court not to hear either one, arguing that neither one raised clearly the issues it sought to put forward. In the new case, the Justice Department was not involved as it went through Illinois courts, but because a federal law could be at stake, it could do so in the Court...
(Excerpt) Read more at scotusblog.com ...
Somebody ought to sue the company that made that danged slingblade too...and the one that makes them danged lawn mower blades...and sue Louisville Slugger too.
Two or three books back liberal writer John Grisham had one based on a product liability case with an aluminum baseball bat.
I love how the hats are on backwards! Caption should read “DON’T SHOOT YOUR HOMIE!”
Obama, Gates are gutting Americas defense industry
Obama Hits Anti-Government Nerves
Some noteworthy articles about politics, foreign or military affairs, IMHO, FReepmail me if you want on or off my list.
You have it wrong, that's just the reason Obama's CZAR needs to take over Ford.
I thought those were noses and it was saying not to shoot your gun backwards at someone who is not looking at you.
Well partially at least. Looks like what they're doing is throwing a bunch of $#!+ on the wall and hoping some of it will stick.
It is why true conservatives need to push hard for the “Innocent Sellers Act”
Thetragedybaloney that led to the Adames lawsuit in Illinois occurred eight years ago, when 13-year-old Billy Swan aimed and fired a Beretta pistol at a friend who had come over to play, Joshua Adames, who also was 13. The gun belonged to Billys dad, a Cook County sheriffs deputy. Billy had taken out the guns clip before aiming it, believing that would make it harmless. A bullet that had remained in the guns chamber killed Joshua.
Sue Billy's dad. WTF was he doing with a round in the pipe. Its not like he's a real cop.
Cook County Sheriff Deputy's have IQ's of bricks. Since Chicago & Suburbs are most of Cook County, they have very little area to patrol and play policeman. They're main duty is playing courtroom bailiff in the Cook County courts.
And in the *olden days* anyone with enough money and a word from the right person could become a 'County Sheriff Deputy' so they could 'legally' pack heat. Once a month they would play bailiff -- 'supposedly'.
Thanks for the ping!
And I shall sue Sara Lee because my cousin died of diabetes because she couldn't stop eating their products.
Seems ludicrous, but now we are warned. I just wonder if their having posted the warning could be interpreted to mean that they believe such actions are a likely consequence of the use of their products. (the idle minds of unemployed lawyers...)
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.