This is from the 7th Circuit, which covers Indiana. Thus it's very relevant.
This is a combined decision and opinion in two very related cases, Webber v. Armslist and Bauer v. Armslist (I've abbreviated the case titles). Both Webber and Bauer sued Armslist when the person they're related to was murdered using a firearm purchased the murderer via Armslist. Both cases were brought in Wisconsin. Both Webber and Bauer are the estate administrator or estate heir, which would be typical for a wrongful death lawsuit.
Brady was actively supporting both lawsuits, which should be small wonder, as one of the strategies of Brady and like-minded anti-2A organizations is putting firearms businesses out of business by bankrupting them with wrongful death and/or injury lawsuits. Kill the firearms industry, including distributors, retailers and sales facilitation sites like Armslist or Gunbroker, and you kill off firearm ownership. If you cannot buy a firearm, the 2nd Amendment is effectively dead. Fortunately courts, for the most part, have seen through this.
The decision and opinion is not a facial one striking down a statute; it rules in favor of one party or the other in a tort action. It is, however, a case that can be cited in other, similar cases to have them dismissed with prejudice in summary judgements, without going to trial. Coming from a Circuit Court of Appeals carries considerable weight until SCOTUS weighs in on it, or one like it.
Basically, the court affirmed the District Court's dismissal, stating Armslist was too far removed from the two crimes to be held responsible or culpable in the commission of either crime. The murderers were responsible, not Armslist, which cannot be considered an accessory or facilitator of the crimes. Section 230 of the Communications Decency Act shielding websites isn't relevant and doesn't enter into it. That's a layman's gross summary of a much more lengthy opinion the court rendered.
The 7th Circuit Court issued a joint decision for both cases on June 12th (yesterday). To give a sense of court timing and docket overload, it had been argued last September, nine months ago, the last significant step before a decision is rendered. In looking at the consolidated minutes since September 13th, the only filings were a couple attorney administrative notices, and a Notice of Supplemental Authority for a May 2023 SCOTUS Decision Armslist's attorneys felt relevant to these two cases. This is a good win for the firearms industry. I doubt SCOTUS would take it up with a Writ of Cert, but that's my opinion, and the plaintiffs, well within the time limit to do so, haven't filed notice of one yet.
For the Legal Geek-Speak, below is the link Court Listener for the joint decision and opinion rendered by the 7th Circuit Court of Appeals. It's filed under the Webber case, but the decision is labeled with both, as a joint one.
Richard Webber v. Armslist, LLC (21-3198), Court of Appeals for the Seventh Circuit
https://storage.courtlistener.com/pdf/2023/06/12/richard_webber_v._armslist_llc.pdf
Good news for the firearms industry in general.
This is a combined decision and opinion in two very related cases, Webber v. Armslist and Bauer v. Armslist (I've abbreviated the case titles). Both Webber and Bauer sued Armslist when the person they're related to was murdered using a firearm purchased the murderer via Armslist. Both cases were brought in Wisconsin. Both Webber and Bauer are the estate administrator or estate heir, which would be typical for a wrongful death lawsuit.
Brady was actively supporting both lawsuits, which should be small wonder, as one of the strategies of Brady and like-minded anti-2A organizations is putting firearms businesses out of business by bankrupting them with wrongful death and/or injury lawsuits. Kill the firearms industry, including distributors, retailers and sales facilitation sites like Armslist or Gunbroker, and you kill off firearm ownership. If you cannot buy a firearm, the 2nd Amendment is effectively dead. Fortunately courts, for the most part, have seen through this.
The decision and opinion is not a facial one striking down a statute; it rules in favor of one party or the other in a tort action. It is, however, a case that can be cited in other, similar cases to have them dismissed with prejudice in summary judgements, without going to trial. Coming from a Circuit Court of Appeals carries considerable weight until SCOTUS weighs in on it, or one like it.
Basically, the court affirmed the District Court's dismissal, stating Armslist was too far removed from the two crimes to be held responsible or culpable in the commission of either crime. The murderers were responsible, not Armslist, which cannot be considered an accessory or facilitator of the crimes. Section 230 of the Communications Decency Act shielding websites isn't relevant and doesn't enter into it. That's a layman's gross summary of a much more lengthy opinion the court rendered.
The 7th Circuit Court issued a joint decision for both cases on June 12th (yesterday). To give a sense of court timing and docket overload, it had been argued last September, nine months ago, the last significant step before a decision is rendered. In looking at the consolidated minutes since September 13th, the only filings were a couple attorney administrative notices, and a Notice of Supplemental Authority for a May 2023 SCOTUS Decision Armslist's attorneys felt relevant to these two cases. This is a good win for the firearms industry. I doubt SCOTUS would take it up with a Writ of Cert, but that's my opinion, and the plaintiffs, well within the time limit to do so, haven't filed notice of one yet.
For the Legal Geek-Speak, below is the link Court Listener for the joint decision and opinion rendered by the 7th Circuit Court of Appeals. It's filed under the Webber case, but the decision is labeled with both, as a joint one.
Richard Webber v. Armslist, LLC (21-3198), Court of Appeals for the Seventh Circuit
https://storage.courtlistener.com/pdf/2023/06/12/richard_webber_v._armslist_llc.pdf
Good news for the firearms industry in general.
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