A Victory In Court

Frivolous lawsuits are really annoying, not to mention being costly for entrepreneurs, businesses and consumers. But it is particularly irritating when government leads the way in legal frivolity, and thereby further gumming up the courts, jacking of costs, and sending a broad signal that, yes, it’s OK to bring baseless lawsuits.

But that certainly has been the trend in recent times. That was the case with New York City suing gun makers for supposedly violating public nuisance laws.

According to a May 1 Associated Press story, the lawsuit originally was brought in June 2000 when Rudy Giuliani was mayor. The suit was later delayed. But under Mayor Michael Bloomberg, it was refiled in January 2004.

Fortunately, Congress acted in 2005 to stop silly lawsuits against gun manufacturers, and the Second Circuit Court of Appeals tossed the case out on April 30.

The AP report noted:

Lawrence G. Keane, a lawyer for the National Shooting Sports Foundation, a firearms industry trade association, called the ruling "very gratifying to members of the firearms industry." He said Congress "understood that frivolous lawsuits like New York City's defied common sense and represented a clear abuse of the judicial system that threatened to bankrupt a responsible and law-abiding industry." The city said the state nuisance law makes it a crime to knowingly or recklessly create a condition endangering the safety or health of a considerable number of people. The appeals court said New York's law does not qualify as an exception to federal law. It agreed with U.S. District Judge Jack B. Weinstein that the Protection of Lawful Commerce in Arms Act, signed by President Bush in 2005, is constitutional.

Now we just need to stop frivolous lawsuits that threaten the existence of other businesses and industries. It sure would help if politicians refrained from engaging in such irresponsible behavior.