TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 5 P20

Gale Encyclopedia of American Law Volume 5 P20 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 1 78 GUN CONTROL enforcement and health care mayors from such cities as New Orleans Miami Chicago San Francisco Cleveland and Cincinnati looked beyond traditional regulation and tried litigation as a means to recoup the millions of dollars that the cities spend each year in coping with gun violence. The cities hoped to emulate the success of state governments in winning record settlements from the tobacco industry. In February 1999 they were encouraged when a federal jury returned the first-ever verdict holding gun makers liable for damages caused by the use of their products in a crime. But as many more cities considered filing suits the gun industry fought back with lobbying and launched pre-emptive strikes in state legislatures against future lawsuits. Many of the lawsuits were dismissed. The gun industry enjoyed two victories in 2000 as judges dismissed suits brought by the cities of Philadelphia and Chicago. Charging the industry with a public nuisance both cities sought to recover the public costs of gun violence including medical care police protection emergency services and prison costs. The cities argued that gun manufacturers and distributors were responsible for these costs because they knowingly or negligently sold guns to dealers who then supplied them to criminals. A judge in the Cook County circuit court dismissed Chicago s claim because Chicago had failed to prove that gun manufacturers were responsible for public costs resulting from criminal gun violence. Likewise a Pennsylvania judge dismissed Philadelphia s lawsuit because under the Pennsylvania Uniform Firearms Act for which the gun industry lobbied the state of Pennsylvania has the sole authority to regulate the industry. State and federal appellate courts have generally held in favor of gun manufacturers as well. The California Supreme Court in Merrill v. Navegar Inc. 28 116 Cal. 2001 held that gun manufacturers cannot be held legally responsible when their products are used for criminal

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