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On Thursday, Rep. Ed DeLaney, D-Indianapolis, successfully amended Senate Bill 256 to require the Family and Social Services Administration to provide a report explaining the $1 billion “miscalculation” in the
What do creative lawyering, Indiana politics and a brazen New York Legislature have in common? A long and storied history involving public nuisance claims against the gun industry. ...
An Ontario Superior Court judge has accepted, in a preliminary decision in Price v Smith & Wesson Corp, 2021 ONSC 1114, that gun manufacturers may have civil liability in Canada for losses caused by mass shootings when feasible safety measures could have prevented the harm but were not used. The Danforth Shooting In summer 2018, a mass shooting on Danforth Avenue in Toronto involving a stolen handgun claimed the lives of two people and injured many others. The stolen handgun was an M&P®40, designed and manufactured by the U.S. company Smith & Wesson Corp in 2005 and made available for sale ...
To print this article, all you need is to be registered or login on Mondaq.com. The Ontario Superior Court of Justice has dismissed a motion by Smith & Wesson Corp to throw out a potential class action for negligent manufacturing of the firearm used in a mass shooting in Toronto: Price v. Smith & Wesson Corp., 2021 ONSC 1114. In July 2018, a loan gunman shot and killed two people on a busy street in Toronto and injured several others in a notorious incident known as the "Danforth Shooting." The firearm used in the shooting was a Smith & Wesson handgun which had been r...
Since the Supreme Court’s May 16, 2016 decision in Spokeo, Inc. v. Robins, Article III standing has continued to be a major focus in federal courts. The Sixth Circuit’s opinion in Primus Group, LLC v. Smith & Wesson Corp., et al., 2021 WL 423741 (6th Cir. Feb. 8, 2021), continued this focus. In Primus Group, an entertainment venue filed a class action against eight firearms manufacturers. In the class action, Primus purported to represent “[a]ll persons entitled to freely attend schools, shopping locations, churches, entertainment venues, and workplaces in the United States witho...