http://biz.yahoo.com/law/000817/16982-5.html

Thursday August 17, 8:56 am Eastern Time

Detour Delays Ruling on Gun Makers’ Verdict Daniel Wise (New York Law
Journal) —
The first jury verdict in the nation against a gun maker for injuries
caused by a properly functioning gun will likely remain in limbo for
another year, due to a ruling issued by the 2nd U.S. Circuit Court of
Appeals Wednesday.

In a 2 to 1 ruling, the 2nd Circuit sent the case to the New York Court
of Appeals for the resolution of two critical state law questions. The
appeal to the circuit court arose after a federal jury in Brooklyn had
assessed more than $500,000 in damages against three gun makers in
February 1999.

Writing for the 2nd Circuit majority, Judge Richard J. Cardamone
concluded that New York’s highest court should be given the opportunity
to first answer the question of whether the plaintiffs’ negligent
marketing theory is cognizable under New York law

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