Judge Weinstein’s Game is Hopefully Over

NSSF is reporting that Judge Weinstein, who is (in)famous for pretending FOPA does not exist, and abusing personal jurisdiction when it comes to lawsuits against the firearms industry, has been smacked down by a higher court:

Finally, after more than 15 years of Weinstein dragging members of the firearms industry into his courtroom based on his unique, industry-specific personal jurisdiction jurisprudence, someone on the U.S. Court of Appeals for the Second Circuit has had an opportunity to expose Judge Weinstein’s improper and unconstitutional analysis used to advance his attack on our industry.

You can read the entire ruling here. Judge Wesley’s opinion is the last, and is scathing. He accused Weinstein of “creat[ing], out of whole cloth, a seven-factor test for determining whether personal jurisdiction exists over ‘retail gun establishments.’”

5 thoughts on “Judge Weinstein’s Game is Hopefully Over”

  1. It will be interesting to see how this plays out.

    Wesley is indeed critical. But, his is only a concurrence. Whether it has separate legs to stand on it’s own and alter Wiensteins behavior is less clear.

    That said, it’s interesting that the 2nd circuit panel does specifically acknowledge his concurrence and states that “they don’t necessarily disagree” with it. But that too is mere dicta and not binding directly on Wienstein.

    It should be a signle to him to cut it out – and gives some strong motivation to others facing suit to continue to remain in the suit and lays out a clear path to a likely successful defense.

    But my guess is that Wienstein continues to press with his strategy until speciocally overturned.

  2. Also worth noting that the stores who consented to settle with Bloomberg all must feel like schmucks today.

  3. “Countertop Said,
    May 18th, 2011 at 4:15 am

    Also worth noting that the stores who consented to settle with Bloomberg all must feel like schmucks today.”

    You must not be a small business owner who has limited funds and is not able to hire expensive attorneys to fight lawsuits that drag out for years.

  4. Unfortunately, the spanking that Weinstein got is just dicta…it has no weight of the court telling him to STOP IT NOW.

    And Weinstein wouldn’t care, even if the USSC told him to stop it: He’d make up some other fatuous reason why he’s right and the freedom-loving world is wrong. He’s a great example of why federal judges should NOT have lifetime tenure. 10 years, with the ability to be reappointed once, is sufficient to ensure that judges are not political appointees – as they are now.

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