ILETO v. GLOCK, INC.

Nos. 06-56872, 07-15403, 07-15404.

565 F.3d 1126 (2009)

Lilian S. ILETO, an individual and mother to Joseph S. Ileto, deceased; Joshua Stepakoff, a minor, by his parents Loren Lieb and Alan B. Stepakoff; Mindy Gale Finkelstein, a minor, by her parents David and Donna Finkelstein; Benjamin Kadish, a minor, by his parents Eleanor and Charles Kadish; and Nathan Lawrence Powers, a minor, by his parents Gail and John Michael D.C. No. Powers, for himself and on behalf of a class of persons similarly situated, Plaintiffs-Appellants, v. GLOCK, INC., a Georgia corporation; RSR Management Corporation; and RSR Wholesale Guns Seattle Inc., Defendants-Appellees, Maadi, an Egyptian business entity; Quality Parts Co., formerly doing business as Bushmaster Firearms, a Maine corporation; Imbel, a Brazilian business entity; The Loander Pawnshop Too, a Washington corporation; David McGee, an individual; Intrac Arms International, Inc., a Tennessee Corporation, formerly doing business as Intrac corporation also known as Doe 1, and China North Industries Corp., aka Norinco, Defendants, and United States of America, Defendant-Intervenor-Appellee. Lilian S. Ileto, an individual and mother to Joseph S. Ileto, deceased; Joshua Stepakoff, a minor, by his parents Loren Lieb and Alan B. Stepakoff; Mindy Gale Finkelstein, a minor, by her parents David and Donna Finkelstein; Benjamin Kadish, a minor, by his parents Eleanor and Charles Kadish; and Nathan Lawrence Powers, a minor, by his parents Gail and John Michael Powers, for himself and on behalf of a class of persons similarly situated, Plaintiffs-Appellants, v. China North Industries Corp., aka Norinco, Defendant-Appellee, and United States of America, Defendant-Intervenor-Appellee, and RSR Management Corporation; RSR Group Nevada, Inc., formerly doing business as RSR Wholesale Guns Seattle Inc.; Maadi, an Egyptian business entity; Quality Parts Co., formerly doing business as Bushmaster Firearms; a Maine corporation; Imbel, a Brazilian business entity; The Loander Pawnshop Too, a Washington corporation; David McGee, an individual; Intrac Arms International, Inc., a Tennessee Corporation, formerly doing business as Intrac Corporation also known as Doe 1; Glock, Inc., a Georgia corporation, Defendants. Lilian S. Ileto, an individual and mother to Joseph S. Ileto, deceased; Joshua Stepakoff, a minor, by his parents Loren Lieb and Alan B. Stepakoff; Mindy Gale Finkelstein, a minor, by her parents David and Donna Finkelstein; Benjamin Kadish, a minor, by his parents Eleanor and Charles Kadish; and Nathan Lawrence Powers, a minor, by his parents Gail and John Michael Powers, for himself and on behalf of a class of persons similarly situated, Plaintiffs-Appellees, v. China North Industries Corp., aka Norinco, Defendant-Appellant, and RSR Management Corporation; RSR Group Nevada, Inc., formerly doing business as RSR Wholesale Guns Seattle Inc.; Maadi, an Egyptian business entity; Quality Parts Co., formerly doing business as Bushmaster Firearms, a Maine corporation; Imbel, a Brazilian business entity; The Loander Pawnshop Too, a Washington corporation; David McGee, an individual; Intrac Arms International, Inc., a Tennessee Corporation, formerly doing business as Intrac Corporation also known as Doe 1; Glock, Inc., a Georgia corporation, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed May 11, 2009.


Attorney(s) appearing for the Case

Peter Nordberg, Berger & Montague, P.C., Philadelphia, PA; and Sayre Weaver, The Educational Fund to Stop Gun Violence, La Habra, CA, for the plaintiffs-appellants.

Charles H. Dick, Jr., and Shannon D. Sweeney, Baker & McKenzie LLP, for defendant-appellant/appellee China North.

Christopher Renzulli, Renzulli Law Firm, LLP, White Plains, NY, for defendants-appellees Glock & RSR.

H. Thomas Byron, III, Appellate Staff Civil Division, Department of Justice, Washington, D.C., for the defendant-intervenor-appellee.

Beth S. Brinkman, Morrison & Foerster LLP, Washington, D.C., for amicus curiae.

Opinion by Judge GRABER; Partial Concurrence and Partial Dissent by Judge BERZON.


GRABER, Circuit Judge:

By enacting the Protection of Lawful Commerce in Arms Act ("PLCAA" or "Act"), 15 U.S.C. §§ 7901-7903, Pub.L. No. 109-92, 119 Stat. 2095 (2005), Congress has protected federally licensed manufacturers and sellers of firearms from most civil liability for injuries independently and intentionally inflicted by criminals who use their non-defective products. Under the terms of the PLCAA, the claims brought here, by the victims of a criminal...

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