CA gun lawsuit going forward...
The U.S. Supreme Court Monday let stand a lower-court ruling that allows a suit to proceed against the makers of guns used in a California shooting spree. This is the usual absurd legal theory. There are a number of reasons why the Supreme Court wouldn't want to take the case right now, but the obvious one would be Rehnquist's health issues. It's also important to note that it's not the end of the case. The only thing that is happening here is allowing the suit to proceed; the manufacturer has not actually been found liable. The 9th Circus appeals court seems to have ruled on the basis of state law -- and California state law may well be crazy enough to have some sort of explicitly-created liability for gun manufacturers or dealers, or simply to require the manufacturer to effectively prove its innocence at trial, before an unfriendly judge. So, the gun industry lost a battle, but the war is yet to be fought. |
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