DISTRICT OF COLUMBIA, et al., Appellants
v.
BERETTA U.S.A. CORPORATION, et al., Appellees.
District of Columbia Court of Appeals.https://leagle.com/images/logo.png
Argued November 20, 2007.
Decided January 10, 2008.
Attorney(s) appearing for the Case
Paul R.Q. Wolfson, with whom A. Stephen Hut, Jr., David S. Molot, Karen C. Daly, Rachel Z. Stutz, Ryan P. Phair, Katherine Race Brin, Dennis A. Henigan, Brian, J. Siebel, Daniel R. Vice, Roderick V.O. Boggs, Susan E. Huhta, Robert S. Peck, Ned Miltenberg, and Andre Mura, Washington, DC, were on the brief, for the individual appellants.
James C. McKay, Jr., Senior Assistant Attorney General, with whom Linda Singer, Attorney General for the District of Columbia at the time the brief was filed, Todd S. Kim, Solicitor General, and Edward E. Schwab, Deputy Solicitor General, were on the brief, for appellant the District of Columbia.
Bert H. Deixler, Los Angeles, CA and Mark J. Biros, Washington, DC, filed a brief amicus curiae on behalf of the appellants.
Michael L. Rice, with whom Thomas E. Fennell, Dallas, TX, Paul R. Reichert, Tashena Middleton Moore, Washington, DC, Lawrence S. Greenwald, Lawrence P. Fletcher-Hill, Catherine A. Bledsoe, Baltimore, MD, James P. Dorr, Chicago, IL, Sarah L. Olson, Paul F. Strain, M. King Hill, III, Baltimore, MD, John F. Renzulli, New York City, Scott C. Allen, Thomas V. McCarron, Baltimore, MD, Timothy A. Bumann, Atlanta, GA, and Robert E. Scott, Jr., Baltimore, MD, were on the brief, for appellees.
Isaac J. Lidsky, Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, with whom Peter D. Keisler, Assistant Attorney General, Jonathan F. Cohn, Deputy Attorney General, and Mark B. Stern and Michael S. Raab, Attorneys, Appellate Staff, were on the brief, for intervenor-appellee United States of America.
Before FARRELL, REID, and GLICKMAN, Associate Judges.
District of Columbia Court of Appeals.
FARRELL, Associate Judge:
This appeal presents two primary issues: Does the Protection of Lawful Commerce in Arms Act ("the PLCAA"), 15 U.S.C. §§ 7901 et. seq. (2005), by its terms require dismissal of the plaintiff/appellants' suit under the District of Columbia's Assault Weapons Manufacturing Strict Liability Act of 1990, D.C.Code § 7-2551.01 et seq. (2001) ("the SLA"); and, if so, does the PLCAA as applied to the plaintiffs' pending...
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