The first battle over the constitutionality and scope of the Protection of Lawful Commerce in Arms Act is taking place in Judge Weinstein's courtroom in City of New York v. Beretta U.S.A. Corp.. The AEI Liability Project has the briefing available in the November 29 entry in its Documents in the News page. Previous coverage: Apr. 13, 2004, Nov. 9, and Nov. 25.
Briefing in City of New York v. Beretta U.S.A. Corp.
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One has to wonder how these cases always end up before Judge Weinstein... is it coincidence? Judge Weinstein never met a creative cause of action he didn't like. Fortunately, the Second Circuit sits above him, and they take a less charitable view.