New York Court of Appeals rules Ohio gun seller not subject to injury lawsuit in New York

A gun dealer from Ohio who sold a firearm that was later trafficked into New York and used illegally in a shooting cannot be sued in state court by the victim of that crime, the New York State Court of Appeals ruled May 9.

The court held that Charles Brown, an Ohio gun dealer, couldn’t face the litigation in New York court because he sold the gun in Ohio and had no control over where it would end up after the sale, even if the buyer alluded that he may bring it to New York.

“Despite (the buyer’s) stated aspiration to open a gun shop in Buffalo, the record is devoid of evidence supporting plaintiffs’ theory that, merely by selling handguns to (the buyer) Brown intended to serve the New York market,” the court ruled.

Brown, in this case, was not part of a scheme to traffic guns into New York, the court held. The judges said there was no way for him to know what would happen to the firearms after they were sold so he did not purposefully enter into the New York market at the time.

The buyer later pleaded guilty to federal gun trafficking charges.

Brown's attorney said that "the case's main significance was that this was the lawful sale of a lawful product."

The complete decision can be found here.

Halloween 2018: Be Safe, Avoid Lawsuits, Have Fun

With the growing popularity of Halloween as a holiday, both children and adults are cautioned to put safety first.

Many law enforcement and public safety agencies are issuing reminders nationwide to follow simple safety tips to ensure a safe Halloween, including:

* Warn children about the dangers of

crossing the street.
* Avoid Trick or Treating on very busy streets.
* Always have your children use a sidewalk when there is one.
* To increase visibility, have your children carry a flashlight or glow sticks.
* Apply reflect tape or stickers to costumes.
* Make sure the costume fits your child properly before they venture out, making sure they can see out of their mask.
* Always chaperone in groups.

The National Law Journal reminds us that holiday celebrations in the workplace can create legal issues for employers and that Halloween is no exception:

With Halloween just around the corner, labor and employment attorneys are warning employers that the annual holiday could get scary — in a legal way — if costumes, or a work party, get out of hand.

Specifically, costumes that carry a political or social message, or are simply too raunchy for the workplace, could lead to a liability nightmare down the road.

[A]nother potential liability with Halloween: personal injury suits.

Above all, simple common sense can do a lot to prevent tragedies--and resulting lawsuits--from happening. Halloween is an enjoyable holiday for the entire family. Stay safe, stay smart and have fun.

State Court Docket Watch December 2014

New Edition of State Court Docket Watch

In an effort to increase dialogue about state court jurisprudence, the Federalist Society presents State Court Docket Watch. This newsletter is one component of the State Courts Project, presenting original research on state court jurisprudence and illustrating new trends and ground-breaking decisions in the state courts.

For more information, click here.