Litigation Against the Gun Industry

Smith & Wesson "Clarification" of Agreement Between Government and Gunmaker Exposes "Landmark" Settlement to be a Sham

New VPC Report Lays Out Minimal Terms for Settlement of Litigation Against Gun Industry - Press Release

Landmark Verdict Against Gun Industry Paves Way for Further Litigation - Press Release

National Rifle Association And The Gun Industry Launch Double-Barreled Attack on Legal Rights of Gun Violence Victims - Fact Sheet

Summary of Lawsuits Filed by Cities and Counties Against the Gun Industry

Follow the links to view the complaints in Adobe PDF format.

CASE NAME LOCATION	ORIGINAL DATE FILED	COURT FILED	DEFENDANTS	LEGAL THEORIES	CURRENT STATUS
Morial v. Smith & Wesson Corp.* New Orleans, Louisiana	October 30, 1998	District Court for the Parish of New Orleans	gun manufacturers, trade associations, retailers, pawn shops	product liability, negligence	The Louisiana Supreme Court dismissed the case in light of recent state legislation barring such suits. The U.S. Supreme Court  declined review.
City of Chicago & Cook County v. Beretta U.S.A. Corp. Chicago, Illinois	November 12, 1998	Circuit Court of Cook County, Illinois	gun manufacturers, distributors,  retailers	public nuisance, negligent entrustment	The county court dismissed the case and plaintiffs appealed. The Illinois Appellate Court reinstated the action in November 2002, which is now pending.
City of Atlanta v. Smith & Wesson Corp. Atlanta, Georgia	February 4, 1999	State Court of Fulton County	gun manufacturers, trade associations	defective design, negligent failure to warn	The Georgia Court of Appeals dismissed the case in February 2002 because of  state legislation barring lawsuits against the gun industry. The case may be appealed to the Supreme Court of Georgia.
Ganim & City of Bridgeport v. Smith & Wesson Inc. Bridgeport, Connecticut	January 27, 1999	Superior Court, Judicial District of Fairfield	gun manufacturers, trade associations, retailers, pawn shops	product liability, unfair trade practices, public nuisance, conspiracy, unjust enrichment, negligence	The Supreme Court of Connecticut dismissed the case for lack of standing.
Penelas v. Arms Tech., Inc. Miami - Dade County, Florida	January 26, 1999	Circuit Court of the Eleventh Judicial Circuit, Miami-Dade County	gun manufacturers, trade associations	Negligence, public nuisance	The District Court of Appeals dismissed the case in February 2001. The Florida Supreme Court has declined to hear plaintiff’s appeal.
White v. Hi-Point Firearms Cleveland, Ohio	May 8, 1999	Court of Common Pleas, Cuyahoga County	gun manufacturers, trade associations	product liability, negligent design, unjust enrichment, nuisance abatement, public nuisance, negligence	The U.S. District Court for the Northern District of Ohio denied defendant’s motion to dismiss. The case is  pending.
Archer v. Arms Tech., Inc. Detroit, Michigan	April 26, 1999	Circuit Court, Wayne County	gun manufacturers, retailers	public nuisance, negligence, alternative liability, concert of action	The case is before the Court of Appeals in Michigan on interlocutory appeal. Awaiting a decision on whether newly enacted state legislation can preempt the lawsuit.
McNamara v. Arms Tech., Inc. Wayne County, Michigan	April 26, 1999	Circuit Court, Wayne County	gun manufacturers, retailers	public nuisance, negligence, alternative liability, concert of action	Consolidated with Archer v. Arms Tech. See above.
City of Cincinnati v. Beretta U.S.A. Corp. Cincinnati, Ohio	April 28, 1999	Court of Common Pleas, Hamilton County	gun manufacturers, trade associations	strict liability, negligence, deceptive advertising, nuisance, fraud, public nuisance, negligent misrepresentation, unjust enrichment	In July 2002,  Ohio Supreme Court overturned a lower court’s decision to grant motion for dismissal.  The case will now proceed before the Ohio Supreme Court.
City of St. Louis v. Cernicek St. Louis, Missouri	April 30, 1999	Circuit Court of the City of St. Louis	gun manufacturers, trade associations, retailers	public nuisance, nuisance abatement, civil conspiracy, negligence, unjust enrichment	Defendants attempted to remove the case to federal court.  The case  was remanded to state court. Defendants then filed motion to dismiss. Ruling is pending.
People of the State of California v. Arcadia Mach. & Tool Los Angeles, Compton, West Hollywood, Inglewood, California	May 25, 1999	Superior Court of the State of California, City and County of Los Angeles	gun manufacturers, trade associations, distributors	public nuisance, deceptive advertising, fraudulent business practices (includes claims for fines under California Business and Professional Code)	The California cases were consolidated before the Superior Court  of San Diego. Summary judgment was granted in favor of gun manufacturers and trade associations in March 2003. The trial will proceed against  gun distributors.
People of the State of California v. Arcadia Mach. & Tool San Francisco, Berkeley, Sacramento, Oakland, E. Palo Alto, San Mateo County, Alameda County, California	May 25,1999	California Superior Court, City and County of San Francisco	gun manufacturers, trade associations, retailers	public nuisance, deceptive advertising, fraudulent business practices (includes claims for fines under California Business and Professional Code).	(See above.)
City of Boston v. Smith &  Wesson Corp. Boston, Massachusetts	June 3, 1999	Superior Court Department, Suffolk County, Mass.	gun manufacturers, trade associations	public nuisance, negligent distribution, defective design, failure to warn, negligence, unjust enrichment	After several favorable rulings, the City of Boston settled the case in 2002 and the suit was withdrawn.
Camden County Board of Chosen Freeholders v. Beretta U.S.A. Corp. Camden County, New Jersey	June 2, 1999	U.S. District Court for the District of New Jersey	gun manufacturers, distributors, retailers	nuisance, defective products, negligence, assault, intentional interference with economic advantage	After a dismissal, plaintiffs appealed to the U.S. Third Circuit. The Third Circuit affirmed the dismissal in 2001. Plaintiffs have requested a rehearing.
James & City of Newark v. Arcadia Mach. & Tool Newark, New Jersey	June 9, 1999	Superior Court of New Jersey Law Division, Essex County	gun manufacturers, trade associations, retailer	defective design, failure to warn, negligent distribution, negligence, nuisance, unjust enrichment	Defendants filed motion to dismiss which was denied. Defendants appealed this decision.  In March 2003,  the Appellate Division affirmed the trial court’s decision. The case will now proceed.
City of Camden v. Beretta U.S.A. Corp. Camden, New Jersey	June 21, 1999	Superior Court, of New Jersey Law Division,  Camden County	gun manufacturers, trade association, distributors, retailers	nuisance violation of the New Jersey Consumer Fraud Act, products liability, negligent distribution and marketing, negligent design and failure to warn, unjust enrichment	The case is now stayed pending a decision in James & City of Newark v. Arcadia Mach. & Tool (See above).
People of the State of California v. Arcadia Mach. & Tool County of Los Angeles, California	August 6, 1999	Superior Court of the State of California, County of Los Angeles	gun manufacturers, trade associations, retailers	public nuisance,  claims for fines under California Business and Professional Code	(See California cases above.)
City of Gary v. Smith & Wesson Corp. Gary, Indiana	August 27, 1999	Lake County Superior Court, Civil Division	gun manufacturers, distributors, trade associations retailers, “Does 1-250”	public nuisance, negligent distribution and marketing, negligence	Plaintiffs settled with one defendant settled in 1999. The case is now before the Supreme Court of Indiana which will decide whether the City’s suit against gun manufacturers can proceed.  The case was appealed to the Supreme Court by the City.
Sills v. Smith & Wesson Corp. Wilmington, Delaware	September  29, 1999	Delaware Superior Court, New Castle County	gun manufacturers, distributors, trade organizations	product liability, negligence, nuisance, fraud, unjust enrichment, civil conspiracy	In November 2002,  the court granted defendants’ motion for summary judgment.
District of Columbia v. Beretta U.S.A. Corp. Washington, DC	January 1, 2000	Superior Court of the District of Columbia, Civil Division	gun manufacturers, "Does 1-100"	public nuisance, negligent distribution and marketing, violation of DC’s Strict Liability Act of 1990	In December 2002, the court dismissed the City’s claims. The City has appealed.
City of Philadelphia v. Beretta U.S.A. Corp. Philadelphia, Pennsylvania	April 11, 2000	Court of Common Pleas, Philadelphia County	manufacturers	public nuisance, negligence	The court dismissed the case. The U.S. Court of Appeals for the Third Circuit upheld the dismissal.
City of New York v. B.L. Jennings, Inc. New York, New York	June 19, 2000	U.S. District Court for the Eastern District of New York	manufacturers, distributors, trade associations	public nuisance, negligence, strict liability, false advertising, unjust enrichment	The case is in discovery.
State of New York v. Sturm, Ruger & Co. New York	June 26, 2000	N.Y. Sup. Ct., N.Y. County	manufacturers, distributors	Statutory public nuisance, common-law public nuisance	Lower court dismissed the case. Plaintiffs appealed to Appellate Division. Oral arguments heard May 2002.
City of Jersey City v. Smith & Wesson Corp. Jersey City, New Jersey	March 28, 2002	Superior Court of New Jersey	manufacturers, distributors, trade associations	public nuisance	Case stayed pending James & City of Newark v. Arcadia Mach. & Tool decision. (See above).

* Note: The New Orleans complaint is on legal sized (8.5" x 14") paper. To print on to letter sized paper check the "Shrink to fit" box in the print dialog box.