Euler Posted November 26, 2022 at 10:14 AM Share Posted November 26, 2022 at 10:14 AM (edited) There was some previous discussion in Illinois Politics > Highland Park just announced a lawsuit against Smith and Wesson. It's not the City of Highland Park that is suing S&W. It's 12 private parties, each filing one lawsuit. The lawsuits were originally filed in Lake County Court, most (but not all) of them on September 27. On November 7 and November 14, S&W had them removed to the Federal District Court of Northern Illinois. I'm not going to create a separate topic for each of them. If the mods really want it, they can do that. Roberts v Smith & Wesson 1:22-cv-6169 Bennett v Smith & Wesson 1:22-cv-6171 Sundheim v Smith & Wesson 1:22-cv-6178 Straus v Smith & Wesson 1:22-cv-6181 Rebollar Sedano v Smith & Wesson 1:22-cv-6183 Rodriguez v Smith & Wesson 1:22-cv-6185 Tenorio v Smith & Wesson 1:22-cv-6186 Vergara v Smith Wesson 1:22-cv-6190 Toledo v Smith & Wesson 1:22-cv-6191 Zeifert v Smith & Wesson 1:22-cv-6193 Turnipseed v Smith & Wesson 1:22-cv-6359 Chupack v Smith & Wesson 1:22-cv-6361 Edited November 26, 2022 at 10:29 AM by Euler Link to comment Share on other sites More sharing options...
2A4Cook Posted November 26, 2022 at 01:14 PM Share Posted November 26, 2022 at 01:14 PM What a scummy move. The attorneys know darned well that they will be consolidated, but apparently are trying to increase the work and legal costs for S&W to have to multiply everything x12 until they get this accomplished. Scumbaggery with a capital "D." Same goes for having them filed in Lake County ... c'mon already. If Democrats can't illegalize gun ownership, they'll go after the manufacturers. If they can't legislate them out of existence, they'll try to sue them out of existence. Immunity acts be damned. The fact that the product worked as intended be damned. Much easier than trying to correct the societal, mental health and criminal problems that their idiotic policies have caused over the past 50-60 years. If they're looking for someone to blame, they need only look in the mirror. On a related note ... where's the attention/outrage/lawsuits over Waukesha??? 68 freaking people killed or maimed, but it doesn't fit any of their multiple political/societal agendas. There should be 68 separate lawsuits filed against the DNC in Waukesha County, WI. And those would actually be directed against the proper cause ... Link to comment Share on other sites More sharing options...
RECarry Posted November 27, 2022 at 03:55 AM Share Posted November 27, 2022 at 03:55 AM On 11/26/2022 at 7:14 AM, 2A4Cook said: What a scummy move. The attorneys know darned well that they will be consolidated, but apparently are trying to increase the work and legal costs for S&W to have to multiply everything x12 until they get this accomplished. Scumbaggery with a capital "D." Same goes for having them filed in Lake County ... c'mon already. If Democrats can't illegalize gun ownership, they'll go after the manufacturers. If they can't legislate them out of existence, they'll try to sue them out of existence. Immunity acts be damned. The fact that the product worked as intended be damned. Much easier than trying to correct the societal, mental health and criminal problems that their idiotic policies have caused over the past 50-60 years. If they're looking for someone to blame, they need only look in the mirror. On a related note ... where's the attention/outrage/lawsuits over Waukesha??? 68 freaking people killed or maimed, but it doesn't fit any of their multiple political/societal agendas. There should be 68 separate lawsuits filed against the DNC in Waukesha County, WI. And those would actually be directed against the proper cause ... Scummy moves are typical for Highland Park where the residents will badmouth a new restaurant for putting too much authentic spice in their food. Where you'll experience passive aggressive a-hole behavior from residents who either are attorneys or have one on speed dial. How dare an outsider disrupt their "me first" make-believe "Gun Free Zone" utopia? Link to comment Share on other sites More sharing options...
davel501 Posted December 4, 2022 at 10:17 PM Share Posted December 4, 2022 at 10:17 PM Why aren't they suing the property owner that created easy access to the rooftop and the city that allowed it? The building owner created a sniper's nest with the city's help. Link to comment Share on other sites More sharing options...
RECarry Posted December 5, 2022 at 01:07 AM Share Posted December 5, 2022 at 01:07 AM On 12/4/2022 at 4:17 PM, davel501 said: Why aren't they suing the property owner that created easy access to the rooftop and the city that allowed it? The building owner created a sniper's nest with the city's help. Why aren't they suing the Mayor, City Council, both current and former state reps, and other zealots who mandated Highland Park be a Gun Free Zone - known to ATTRACT criminals bent on causing mayhem and body counts? How are setting up Gun Free Zones any different than baiting deer with a corn pile? Link to comment Share on other sites More sharing options...
davel501 Posted December 5, 2022 at 02:03 AM Share Posted December 5, 2022 at 02:03 AM On 12/4/2022 at 7:07 PM, RECarry said: Why aren't they suing the Mayor, City Council, both current and former state reps, and other zealots who mandated Highland Park be a Gun Free Zone - known to ATTRACT criminals bent on causing mayhem and body counts? How are setting up Gun Free Zones any different than baiting deer with a corn pile? That would be an uphill climb considering they only have an assault weapons ban. Link to comment Share on other sites More sharing options...
RECarry Posted December 5, 2022 at 02:25 AM Share Posted December 5, 2022 at 02:25 AM On 12/4/2022 at 8:03 PM, davel501 said: That would be an uphill climb considering they only have an assault weapons ban. The characters I mentioned strong-armed Highland Park merchants to post Gun Free Zone signs. Former State Rep Scott Drury attempted to export that mandate to surrounding communities while demonizing 2A supporters as the criminals in campaign literature. Tired of their harmful actions hiding behind immunity while they support malicious lawsuits against the 2A sector. People who attended the 4th of July parade believed they were safe, when the zealousness of HP's Gun Free Zone actions made the town less safe. Link to comment Share on other sites More sharing options...
Euler Posted October 22, 2023 at 03:41 AM Author Share Posted October 22, 2023 at 03:41 AM On November 17, 2022, Smith & Wesson filed a motion to consolidate all cases. On December 7, 2022, Roberts (et al.) filed motions in each of the (as yet) unconsolidated cases to remand the cases back to state court. On December 15, 2022, the cases were consolidated into Roberts v Smith & Wesson. On September 25, 2023, the district court ordered the consolidated case to be remanded back to Lake County Circuit Court. On October 16, Smith & Wesson appealed to the 7th Federal Circuit Court (docket) to vacate the order to remand. On October 17, Smith & Wesson filed a motion in district court to stay the order to remand (pending appeal). Link to comment Share on other sites More sharing options...
Euler Posted October 27, 2023 at 11:35 PM Author Share Posted October 27, 2023 at 11:35 PM Robert Crimo, Jr (the shooter) is one of the co-defendants. (He's still held in jail without bail. His trial is scheduled for December.) On October 27, he notified the court that he has declared bankruptcy. Link to comment Share on other sites More sharing options...
Euler Posted October 28, 2023 at 12:28 AM Author Share Posted October 28, 2023 at 12:28 AM Meanwhile at the appellate level on whether to remand the case back to Lake County: On October 23, the court ordered that the mob of appeals are to be consolidated into Roberts v S&W. (Each of the district cases had its own appeal.) The court set the following schedule: Nov 27: S&W appeal brief due Dec 27: mob response brief due Jan 17: S&W reply brief due, if any Link to comment Share on other sites More sharing options...
Euler Posted October 31, 2023 at 10:39 PM Author Share Posted October 31, 2023 at 10:39 PM On October 21, 2023 at 10:41 PM CDT, Euler said:→... On October 17, Smith & Wesson filed a motion in district court to stay the order to remand (pending appeal). On October 30, the district court granted the motion to stay the remand pending appeal. Link to comment Share on other sites More sharing options...
Euler Posted November 7, 2023 at 04:25 AM Author Share Posted November 7, 2023 at 04:25 AM On October 27, 2023 at 06:35 PM CDT, Euler said:→Robert Crimo, Jr (the shooter) is one of the co-defendants. (He's still held in jail without bail. His trial is scheduled for December.) On October 27, he notified the court that he has declared bankruptcy. Correction: Crimo III is the shooter, still in jail. Crimo Jr. is the father, now bankrupt. Link to comment Share on other sites More sharing options...
mab22 Posted November 7, 2023 at 04:38 AM Share Posted November 7, 2023 at 04:38 AM On 11/6/2023 at 10:25 PM, Euler said: Correction: Crimo III is the shooter, still in jail. Crimo Jr. is the father, now bankrupt. I’m sure all the lefties are cheering. Link to comment Share on other sites More sharing options...
Euler Posted November 11, 2023 at 02:00 AM Author Share Posted November 11, 2023 at 02:00 AM On November 8, the plaintiffs asked the district court to lift the stay on the remand pending appeal. (They want the case remanded to state court now, even though the Circuit Court is currently reviewing whether to remand it or to keep it in federal court.) Link to comment Share on other sites More sharing options...
Euler Posted November 27, 2023 at 10:21 AM Author Share Posted November 27, 2023 at 10:21 AM On October 27, 2023 at 07:28 PM CDT, Euler said:→... On October 23, the [appellate] court ordered that the mob of appeals are to be consolidated into Roberts v S&W. (Each of the district cases had its own appeal.) The court set the following schedule: Nov 27: S&W appeal brief due Dec 27: mob response brief due Jan 17: S&W reply brief due, if any On November 15, defendants filed a motion to extend the deadlines. On November 16, the court granted the motion. The schedule is now: Dec 7: S&W appeal brief due Jan 16: mob response brief due Feb 6: S&W reply brief due, if any Link to comment Share on other sites More sharing options...
Tango7 Posted December 1, 2023 at 02:28 AM Share Posted December 1, 2023 at 02:28 AM Are the attorneys working on contingency? Wouldn't surprise me. Link to comment Share on other sites More sharing options...
Euler Posted December 1, 2023 at 02:39 AM Author Share Posted December 1, 2023 at 02:39 AM The plaintiffs' attorneys are paid by Everytown. Link to comment Share on other sites More sharing options...
Euler Posted December 19, 2023 at 07:58 AM Author Share Posted December 19, 2023 at 07:58 AM On November 10, 2023 at 08:00 PM CST, Euler said:→On November 8, the plaintiffs asked the district court to lift the stay on the remand pending appeal. (They want the case remanded to state court now, even though the Circuit Court is currently reviewing whether to remand it or to keep it in federal court.) On December 15, the district court denied the motion to lift the stay. CA7 is still in the process of considering the plaintiffs' motion to remand the case to state court. S&W just filed their briefs on December 12. A decision is probably a year away yet. Link to comment Share on other sites More sharing options...
Yeti Posted December 19, 2023 at 01:06 PM Share Posted December 19, 2023 at 01:06 PM (edited) Euler, I just wanted to say thanks for all your contributions to this site to keep us up to date on these cases and to help us understand what is happening in the courts. Your posts are much appreciated! Edited December 19, 2023 at 01:06 PM by Yeti Link to comment Share on other sites More sharing options...
springfield shooter Posted December 19, 2023 at 01:23 PM Share Posted December 19, 2023 at 01:23 PM On 12/19/2023 at 7:06 AM, Yeti said: Euler, I just wanted to say thanks for all your contributions to this site to keep us up to date on these cases and to help us understand what is happening in the courts. Your posts are much appreciated! This.^^^ Link to comment Share on other sites More sharing options...
Euler Posted December 19, 2023 at 09:15 PM Author Share Posted December 19, 2023 at 09:15 PM Thanks, guys. Link to comment Share on other sites More sharing options...
lilguy Posted December 19, 2023 at 09:37 PM Share Posted December 19, 2023 at 09:37 PM Thank you also, you’re one the reasons this site is referenced in other forums. Valuable information without all the emotion. Link to comment Share on other sites More sharing options...
Euler Posted January 29, 2024 at 02:47 PM Author Share Posted January 29, 2024 at 02:47 PM On January 10, the judge granted the plaintiffs' request for an extension to file their response the the S&W brief from December. S&W is to file its reply by February 23. On January 23, the plaintiffs met their deadline. Link to comment Share on other sites More sharing options...
Euler Posted February 14, 2024 at 08:32 PM Author Share Posted February 14, 2024 at 08:32 PM CA7 has scheduled oral arguments for April 4. Just a reminder: These arguments are not about the merits of the case. They're for the mob's motion in district court to remand the case back to state court. Link to comment Share on other sites More sharing options...
Upholder Posted April 4, 2024 at 05:02 PM Share Posted April 4, 2024 at 05:02 PM Roberts v. Smith & Wesson (7th Circuit): The panel is Easterbrook, Hamilton, and Kolar Link to comment Share on other sites More sharing options...
Upholder Posted April 4, 2024 at 07:46 PM Share Posted April 4, 2024 at 07:46 PM Link to the audio of the oral arguments on April 4, 2024: https://media.ca7.uscourts.gov/sound/external/ef.23-2992.23-2992_04_04_2024.mp3 Link to comment Share on other sites More sharing options...
Upholder Posted April 4, 2024 at 07:49 PM Share Posted April 4, 2024 at 07:49 PM The lawyer for the defense barely makes it a minute before Easterbrook interrupts him, and then while answering his question makes it less than another minute before being interrupted again. Link to comment Share on other sites More sharing options...
Upholder Posted April 4, 2024 at 07:59 PM Share Posted April 4, 2024 at 07:59 PM Judge Hamilton is pushing back that the State Judge has the authority to determine that the S&W M&P15 is an NFA regulated machine gun. The defense argues that interpreting the NFA is an issue for federal courts, not state courts. Link to comment Share on other sites More sharing options...
Upholder Posted April 4, 2024 at 08:02 PM Share Posted April 4, 2024 at 08:02 PM The plaintiffs' lawyer argues that while the ATF has not determined that the M&P15 is a machine gun, some AR15 platform rifles are machine guns. Link to comment Share on other sites More sharing options...
Upholder Posted April 4, 2024 at 08:16 PM Share Posted April 4, 2024 at 08:16 PM Judge Hamilton: "You agree that you are asking for a declaration, in one form or another, that the defendant's product is a machine gun under the National Firearms Act" Lawyer: "We actually, in neither of the complaints, actually in the declaratory relief specifically ask.. " Judge Hamilton: "You are alleging that that's what they are and that's one of the reasons why the marketing campaign is deceptive." Lawyer: "That is correct" Judge Hamilton: "I don't want to quibble on this. So, first of all, the theory is that millions of Americans are committing a crime by possessing those products, correct? Lawyer: *stammers* "I I I I don't think the... I mean.. that is certainly a defense." Judge Hamilton: "That is the logical consequence of the argument you are making, Correct?" Lawyer: "Correct." Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now