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New Jersey decision bolsters arguments for gun maker liability.

Publication: Trial
Publication Date: 01-JUN-03
Format: Online - approximately 732 words
Delivery: Immediate Online Access

Article Excerpt
Despite the U.S. House of Representatives' recent passage of H.R. 1036, which prohibits civil lawsuits against gun manufacturers "for damages resulting from the misuse of their products by others," advocates of gun maker liability say the New Jersey Appellate Division's March ruling in James v. Arms Technology, Inc., signaled that the courts are still receptive to such claims. (2003 WL 942781 (N.J. Super. Ct. App. Div. Mar. 11, 2003).)

The suit--in which the city of Newark alleges negligence and public nuisance by, and seeks punitive damages from, several handgun manufacturers, distributors, and retailers--offers significant new support for similar lawsuits around the country, particularly in its repudiation of a...

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