Industry Appeal in New Jersey Case can Proceed
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Industry Appeal in New Jersey Case can Proceed





A trial court’s refusal to dismiss the City of Newark’s lawsuit against firearm manufacturers will now proceed to the state appellate court following a three-judge panel’s unanimous ruling to grant an industry motion for appeal. Such motions for appeal at this stage are rarely approved, but the appeals panel determined that the novel issues of the case mandated a full review by the higher court. In a controversial ruling last December, the trial court acknowledged that the city’s claims of negligent marketing and distribution, and public nuisance, were “novel and push the limits of civil liability” but allowed the case to continue to the discovery stage, noting also that the suit would ultimately “be decided at the highest level.” The Appellate Court is expected to hear the case in June. Should the court dismiss the case, it would likely spell an end to Newark’s suit against the industry, and in all likelihood would end the City of Camden’s similar action against gun makers. In the Camden city suit, an industry motion for dismissal has been pending. Commenting on the trial court’s earlier ruling, Lawrence G. Keane, vice president and general counsel of the National Shooting Sports Foundation, observed that its position “was contrary to every appellate court in the country that has ruled in the municipal firearm cases, and runs counter to a federal appeals court decision last November dismissing the County of Camden’s suit.” Keane also expressed gratification that “the appellate court will review the trial court’s decision that a manufacturer of a legal, highly regulated, non-defective product could be legally responsible for criminal violence committed with a firearm.”
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