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Thread: Judge Dismisses Suit Against Online Gun Marketplace ArmsList.com by Brady CPGV

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    Judge Dismisses Suit Against Online Gun Marketplace ArmsList.com by Brady CPGV

    "Armslist.com isn’t liable for the brutal murder of an Illinois woman shot to death by a man who used the online firearms marketplace to make an illegal gun purchase, a federal judge ruled this week. The lawsuit was brought by the Brady Center to Prevent Gun Violence on behalf of the brother of Jitka Vesel, a 36-year-old immigrant shot and killed in 2011 by a Russian immigrant living in Canada. Gun-control advocates said the legal challenge was the first of its kind.

    U.S. District Judge Charles Norgle of Illinois dismissed the wrongful death claim this week, concluding that Armslist can’t be held responsible for the criminal conduct of its users. “The Court finds that Defendant owes no duty to the general public to operate its website to control private individual users’ sale of handguns,” the judge wrote."

    http://blogs.wsj.com/law/2013/08/02/...n-marketplace/
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    Like all other online auction sites ... nice to see a judge not freaking out and going into a tizzy just because they have guns on their site.

    Of course, if they were successful, then other online gun auction sites may have been in danger.

  3. #3
    Regular Member MKEgal's Avatar
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    Let me guess...
    the judge quite sensibly decided that a store isn't responsible if someone misuses something they sell?
    (Even more so if the store clearly informs customers of the laws they're supposed to be following.)
    ((Even more more so if it's not a store, merely the online equivalent of the grocery-store message pinup board.))
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    Last edited by Nightmare; 08-03-2013 at 03:46 PM.
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    I am responsible for my writing, not your understanding of it.

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    Quote Originally Posted by MKEgal View Post
    Let me guess...
    the judge quite sensibly decided that a store isn't responsible if someone misuses something they sell?
    (Even more so if the store clearly informs customers of the laws they're supposed to be following.)
    ((Even more more so if it's not a store, merely the online equivalent of the grocery-store message pinup board.))
    Don't think that common sense is so common .. congress had to pass a law giving ffls immunity

  7. #7
    Accomplished Advocate color of law's Avatar
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    I hope the Defend files a Motion for Sanctions against the Plaintiff's attorney.

    FRCP11(c)(2)Motion for Sanctions. A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney’s fees, incurred for the motion.
    If the attorney or law firm was sanctioned maybe attorneys would refuse to sign their name to a Brady Center frivolous lawsuit.

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    Judge Dismisses Suit Against Online Gun Marketplace ArmsList.com by Brady CPGV

    Wouldn't 11(b) (being the actual section of which violation would be alleged) be the better cite to support your point?


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