Ohio Supreme Court Revives
Cincinnati Reckless Lawsuit
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"...This
decision merely provides the city with an opportunity, through
discovery, to try to prove its outrageous accusations..." |
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-- National Shooting Sports Foundation (NSSF) |
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Justice Sweeney |
On Wednesday, the Ohio Supreme Court overturned an appellate court
ruling that had dismissed the City of Cincinnati's reckless lawsuit
against law-abiding gun manufacturers. And while some might interpret
this as a victory for the gun-ban movement (see story on HCI),
the
decision simply means this baseless case may proceed to trial.
Justice Francis Sweeney made clear that the 4-3 ruling should not be any
indication of the possible success of the suit, stating, "[W]e do not
predict the outcome of this case...." And the
National Shooting Sports
Foundation (NSSF) pointed out in its press release on the ruling, "This
decision merely provides the city with an opportunity, through
discovery, to try to prove its outrageous accusations. The court did
not rule on the validity or merit of those allegations."
NSSF also indicated the case could still be thrown out for violating a
recently-enacted state reckless lawsuit preemption law, and there are
also signs the Cincinnati suit may simply be dropped. The city's mayor
has indicated he wants to reassess whether the city should proceed.
NSSF Vice President and General Counsel Lawrence G. Keane, commenting on
Wednesday, said, "Today's decision, while obviously disappointing, puts
Cincinnati in the same position Boston was three years ago. In the end,
Cincinnati will conclude, as Boston before it, that this industry has a
long-standing and genuine commitment to further reducing accidents and
to working cooperatively with law enforcement in its efforts to combat
the criminal and accidental misuse of firearms."
Boston, you will
recall, put an end to its own nearly three-year harassment campaign
against law-abiding gun makers in March when it
moved to dismiss its own
baseless suit, realizing it simply could not win and could not afford to
continue to waste tax-payer dollars.
Related Stories...
More About Reckless Lawsuits Against the Gun Industry
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