Legal Opinion
City of Gary Ex Rel. King v. Smith & Wesson Corp.
Indiana Supreme Court
Decided December 23, 2003No. 45S03-0301-CV-36PublishedCited by 76 opinions
1Opinion of the Court
ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 45A08-0105-CV-155.
BOEHM, Justice.
The City of Gary sued for injunctive relief and money damages for the harm it alleges is caused by the unlawful marketing and distribution of handguns. The City alleges claims for public nuisance and negligence against manufacturers, wholesalers, and distributors of these products. We hold that the City's complaint states a claim against certain sales practices of all defendants. We also hold that the City's negligent design claim states a claim against the manufacturer-defendants.
Factual and…
2Cases cited58 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- Illinois Brick Co. v. IllinoisSupreme Court of the United States · 1977
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3Cited by76 opinions
- Ashley County, Ark. v. Pfizer, Inc.Court of Appeals for the Eighth Circuit · 2009
- City of Chicago v. Beretta U.S.A. Corp.Illinois Supreme Court · 2004
- Reed v. ReidIndiana Supreme Court · 2012
- Leonard Lapsley v. Xtek, Inc.Court of Appeals for the Seventh Circuit · 2012
- Canyon County v. Syngenta Seeds, Inc.Court of Appeals for the Ninth Circuit · 2008
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