For Your Data Camden County Board Of Chosen Freeholders V. Beretta, U.S.A. Corp. Illustration Brief
July 27, 2020
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Camden County Board of Chosen Freeholders v. Beretta, U.S.A. Corp. case brief summary
273 F.3d 536 (3rd Cir. 2001)
CASE FACTS
The county express its appeal to its populace nuisance theory, that the manufacturers' marketing as well as distribution of handguns created as well as contributed to the widespread criminal role of handguns inwards the county. The county alleged that this deport endangered populace safety, health, as well as peace, as well as imposed inordinate fiscal burdens on the county. The district courtroom dismissed the claim because the county did non alleged the required chemical cistron that the manufacturers exercised command over the nuisance to live on abated.
DISCUSSION
CONCLUSION
The courtroom of appeals affirmed the district court's social club dismissing the county's complaint.
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273 F.3d 536 (3rd Cir. 2001)
CASE SYNOPSIS
Appellant county board sued accused handgun manufacturers inwards the USA District Court for the District of New Jersey, alleging negligence, negligent entrustment, as well as populace nuisance due to the manufacturers' marketing as well as distribution policies as well as practices. The county appealed the dismissal of its complaint.CASE FACTS
The county express its appeal to its populace nuisance theory, that the manufacturers' marketing as well as distribution of handguns created as well as contributed to the widespread criminal role of handguns inwards the county. The county alleged that this deport endangered populace safety, health, as well as peace, as well as imposed inordinate fiscal burdens on the county. The district courtroom dismissed the claim because the county did non alleged the required chemical cistron that the manufacturers exercised command over the nuisance to live on abated.
DISCUSSION
- The courtroom of appeals noted that no New Bailiwick of Jersey courtroom e'er allowed a populace nuisance claim to driblet dead on against manufacturers for lawful products lawfully placed inwards the flow of commerce, as well as to extend populace nuisance constabulary to encompass the industry of handguns would live on unprecedented nether New Bailiwick of Jersey nation constabulary as well as unprecedented nationwide for an appellate court.
- The courtroom declined to create so, as well as could non predict that the Supreme Court of New Bailiwick of Jersey would honor such a claim to live on valid.
- Moreover, the county failed to allege that the manufacturers exercised sufficient command over the rootage of the interference alongside the populace right.
CONCLUSION
The courtroom of appeals affirmed the district court's social club dismissing the county's complaint.
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