Court orders gun libel lawsuit back to state

Court orders gun libel lawsuit back to state

This is a discussion on Court orders gun libel lawsuit back to state within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; A $400 million lawsuit claiming New York Mayor Michael Bloomberg libeled a Georgia sporting goods store by calling it one of several "rogue gun dealers" ...

Results 1 to 5 of 5

Thread: Court orders gun libel lawsuit back to state

  1. #1
    Senior Member Array mrreynolds's Avatar
    Join Date
    Aug 2007
    Location
    New York, NY
    Posts
    620

    Court orders gun libel lawsuit back to state

    A $400 million lawsuit claiming New York Mayor Michael Bloomberg libeled a Georgia sporting goods store by calling it one of several "rogue gun dealers" must be returned to the state court where it originated, a federal appeals court ruled Friday.

    The decision by a three-judge panel of the 11th U.S. Circuit Court of Appeals was the latest development in a two-year legal battle that began when Bloomberg sued 15 firearms brokers in five states, including Georgia. The suit said they were selling weapons that ended up in the hands of New York criminals.

    Former U.S. Rep. Bob Barr, a National Rifle Association board member representing Adventure Outdoor Sports in Smyrna, Ga., argued before the appeals court in September that the libel suit against Bloomberg and Police Commissioner Ray Kelly should be returned to state Superior Court in Cobb County, where he originally filed it.

    Bloomberg's lawyers wanted the case dismissed or to remain in federal court, because it applies to whether the gun stores violated federal laws.

    The mayor's lawyer, Peter Canfield, argued that the mayor has immunity under New York law for remarks made in his capacity as an elected official. But Barr countered that even though the comments were made at a news conference in New York, a weaker Georgia law on immunity should apply.

    A federal judge had concluded that a Georgia law meant to discourage lawsuits aimed at stifling legitimate public discourse did not apply. New York officials appealed.

    The panel instructed the lower court to "to remand this case to the state court from which it was removed."

    Bloomberg's 2006 lawsuit cracking down on gun dealers eventually grew to include 27 shops. Many have settled with the city. Four have shut down and three have persuaded the city to drop them as defendants.

    The owner of a South Carolina gun store also claimed slander but later dropped the suit.

    LINK


  2. #2
    Moderator
    Array RETSUPT99's Avatar
    Join Date
    Jul 2006
    Location
    Central Florida
    Posts
    45,038
    Hopefully this suit will cause the costs of all this garbage to be returned to the Bloomy with a jar of vasoline...he can afford it.
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

    ***********************************
    Certified Glock Armorer
    NRA Life Member[/B]

  3. #3
    VIP Member
    Array archer51's Avatar
    Join Date
    Nov 2007
    Location
    VA
    Posts
    21,824
    Quote Originally Posted by retsupt99 View Post
    Hopefully this suit will cause the costs of all this garbage to be returned to the Bloomy with a jar of vasoline...he can afford it.
    Unfortunately he will find a way for the tax payers of NYC to pay the bill if he looses. With all his money even a $10 million dollar judgment that he personally had to pay wouldn't really hurt him.
    Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.

    USAF Retired
    NRA Life Member

  4. #4
    Moderator
    Array RETSUPT99's Avatar
    Join Date
    Jul 2006
    Location
    Central Florida
    Posts
    45,038
    Quote Originally Posted by archer51 View Post
    Unfortunately he will find a way for the tax payers of NYC to pay the bill if he looses. With all his money even a $10 million dollar judgment that he personally had to pay wouldn't really hurt him.
    Tell me about it...he can drop or gain millions in just a few moments on the morning's stock market action.
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

    ***********************************
    Certified Glock Armorer
    NRA Life Member[/B]

  5. #5
    VIP Member
    Array Hopyard's Avatar
    Join Date
    Jun 2006
    Location
    Disappeared
    Posts
    11,714
    What the heck, Oprah was sued for a single remark about not eating beef; so this one certainly seems like it is at least as deserving of a trial.

    I'm not sure what difference it makes trying it in Federal Court or in GA, or even in NY. Either the store owner was libeled or he wasn't. What was said about the store owner was either factually true or it wasn't. The immunity issue is more interesting.

    For those not aware of this, it is possible to be sued say in Kansas for something done in Wyoming if one of several facts allow the out of state court to gain jurisdiction. I can't imagine how a Georgia court got jurisdiction over Hiz Honor; but it obviously happened.

    The above posts just seems like the US Court decided GA had jurisdiction. Jurisdictional disputes arise and are resolved all the time. NY lost this round.

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Lawsuit to Overturn California AB962 Filed StateAmmo.com et al vs. State of CA DOJ
    By MosinMan42 in forum The Second Amendment & Gun Legislation Discussion
    Replies: 6
    Last Post: August 9th, 2010, 10:59 PM
  2. Lawsuit pits state law vs. University of Ky regulations
    By Datsun40146 in forum Concealed Carry Issues & Discussions
    Replies: 27
    Last Post: February 18th, 2010, 08:42 AM
  3. Appeals court tosses out NYC lawsuit
    By Arisin Wind in forum The Second Amendment & Gun Legislation Discussion
    Replies: 10
    Last Post: May 2nd, 2008, 11:27 AM
  4. DC Court of Appeals Dismisses Gun Lawsuit
    By ronwill in forum The Second Amendment & Gun Legislation Discussion
    Replies: 0
    Last Post: January 13th, 2008, 01:37 PM
  5. U of Utah loses in court, goes back to legislature
    By paramedic70002 in forum The Second Amendment & Gun Legislation Discussion
    Replies: 8
    Last Post: December 3rd, 2006, 10:09 PM