Posted by Eugene Volokh: Ninth Circuit Panel Applies and Upholds the Federal Statute Preempting Various Lawsuits Against Gun Manufacturers, http://volokh.com/archives/archive_2009_05_10-2009_05_16.shtml#1242074620
in [1]Ileto v. Glock, Inc. (just handed down today). I might not have time to say much about this, but I thought I'd give the pointer, and note that the opinion was by Judge Graber joined by Judge Reinhardt, with a partial concurrence and partial dissent by Judge Berzon. For more on the underlying tort theory, which the Ninth Circuit accepted before Congress passed the Protection of Lawful Commerce in Arms Act, see [2]the four posts that begin here. Note that the panel did hold that the Act doesn't apply to one of the defendants, a foreign manufacturer that isn't "licensed to engage in business as such a manufacturer under [federal law]," to quote the Act; but while there was some argument about that, the result seems to be pretty clearly correct. Thanks to [3]How Appealing for the pointer. References 1. http://www.ca9.uscourts.gov/datastore/opinions/2009/05/11/06-56872.pdf 2. http://volokh.com/2003_11_16_volokh_archive.html#106936246714448428 3. http://howappealing.law.com/ _______________________________________________ Volokh mailing list [email protected] http://lists.powerblogs.com/cgi-bin/mailman/listinfo/volokh
