Gun makers on trial: More deliberations needed

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Jeff Thomas

New member
See CNN's http://cnn.com/US/9902/05/gun.suit.01/index.html for coverage of the current anti-gun manufacturers suit. This is a very important one.

I love this quote from the article: "'Today we act to hold faceless companies accountable -- companies that create instruments of destruction -- for their failure to make products safer and to warn of their inherent dangers,' Atlanta Mayor Bill Campbell told a news conference." Next we'll be trying to get knife manufacturers to make knives that don't have those dangerous, sharp edges.

Note also from the article "The case under deliberation in New York could encourage more cities across the country to sue gun makers if the plaintiffs win their argument of negligent marketing."

I believe this is the U.S. District court in Brooklyn. Stay tuned.
 
J

Jeff Thomas

New member
See CNN's http://cnn.com/US/9902/09/gun.lawsuit/index.html for the latest in this suit.

As of 8:29pm EST this evening, CNN indicates "New York gun lawsuit jurors: We're drained and deadlocked"

"Jurors trying to decide whether handgun manufacturers should be held liable for gun violence will begin their fifth day of deliberations Wednesday despite twice telling the judge they were deadlocked.

In a note Tuesday to U.S. District Judge Jack Weinstein, the panel said, 'We are all very upset. We are starting to fight. We can not [sic] reach a decision. We are emotionally drained & some of us feel physically ill.'

The judge sympathized with their mental state and allowed them to break early for the day, but he rejected their contention that they were hopelessly deadlocked in the closely watched civil trial.

"I don't want to make light of it, but you're not being relieved at this point. Everyone has invested too much in this case for you to throw up your hands prematurely," the judge responded.

In that same note jurors also asked the judge for "more direction" and to clarify a charge which says the panel's findings must be 'unanimous' on the burden of proof.

Weinstein told them that 'burden of proof lies with the plaintiffs' and that it would be inappropriate for him to guide their deliberations on that point."


A bit of a nail biter, but I'll put my money on the gun manufacturers - but, not my whole paycheck.
 
R

Rich Lucibella

Staff
The real nail biter is the fact that a group of intelligent people can find *anything* to argue about in this case.

What next? Marines bringing suit because the Claymore warning, "Front Toward Enemy", isn't printed in multiple languages?

Oy!
Rich
 
C

Contender

New member
Rich, As one who lives about 60 miles to the north of it, this could only happen in good old NYC. Please, don't hold your breath for the gun manufacturers. In the "last bastion of liberalism", this thing could go either way very fast.

Take Care
 
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4V50 Gary

Staff
NYC can't the last bastion of liberalism as there are many bastions & redoubts and islands out there (witness Kalifornia, Bezerkley, LA, San Francisco). If it was only NYC, we could give it back to the natives and all be happier. Personally, I'd restore LA to Mexico. OK, so maybe we keep the Metropolitian Museum and the Beretta Museum.
 
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Grayfox

New member
I see a problem here. After publicly declaring a dead lock, the losing side (whichever that might be) could easily appeal or possibly ask for a mistrial on the grounds that the jurors felt "forced" into making a decission or that they voted as they did "just to get it over with." I fear that instead of a conclusion, this trial is really just now starting.
 
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Contender

New member
Gary, Our liberals are better than your liberals!
Besides, NYC is THE leftist media mecca.
NEWS media, that is.

;)

[This message has been edited by Contender (edited 02-10-99).]
 
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4V50 Gary

Staff
Contender,

You taunt me sir :). However, I must concede that our running dogs (to borrow a liberal Chinese Commie term) media does follow in the footsteps of your media. May I respectfully suggest sending my liberal politicians to learn in the shadows of your liberals. With any luck, they'll fall in love with NY and stay there. Trade you Diane Feinstein, Barbara Boxer, Nancy Pelosi for the Beretta Gun Museum. I'll pay shipping expenses. Will bulk rate do?

Gary
 
C

Contender

New member
Gary, Bulk rate is fine. Just leave off the Zip-Code for slower service,no need to insure. Hopefully, the package will be lost in transit.
If they do make it here, I'll move to upstate New York.

It's part of the Midwest anyway.

Fun Funnin' Ya ;)
 
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Jeff Thomas

New member
See CNN's latest update at http://cnn.com/US/9902/10/gun.lawsuit.01/index.html :

"Mistrial a possibility in New York gun lawsuit

Jury remains deadlocked

February 10, 1999
Web posted at: 7:15 p.m. EST (0015 GMT)
NEW YORK (CNN) -- Jurors in an unprecedented federal civil lawsuit against handgun manufacturers were ordered to try again Thursday to reach a verdict, despite claiming three times in two days that they were deadlocked.

The jury sent U.S. District Judge Jack Weinstein a note Wednesday afternoon. It said: 'We've examined the evidence at this point. Both sides have very distinct opinions. Do we compromise to come to an agreement?'

Weinstein called jurors back into court and instructed them that their decision was to be unanimous, not a compromise, on whether to hold two dozen gun makers responsible for gun violence. He then ordered jurors to resume deliberations.

But out of earshot of the jury, Weinstein warned lawyers for both sides that he might have to declare a mistrial following five days of evidently fruitless jury deliberations.

'I think we ought to be prepared for certification that they can't reach a verdict,' Weinstein cautioned."


So, if there is a mistrial can we assume:

1. Heavy legal analysis of the juror-by-juror, blow-by-blow deliberations?
2. Conclusion that if they can't get it done in liberal NYC that this is becoming a much riskier proposition?

I suspect, at best, that this would simply lessen the attraction to the 'evil marketing' ploy and the 'safety' ploy will push ahead.

[This message has been edited by Jeff Thomas (edited 02-10-99).]
 
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