Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for FreeJ. Eastbrook finds the lower court properly denied Smith and Wesson’s notice of removal in this matter involving the aftermath of a mass-shooting. A shooter opened fire into a crowd during an Independence Day parade, killing seven people and wounding 48 others. The shooter used a Smith and Wesson AR-15 style assault weapon, and the victims and their estates seek damages from the rifle manufacturer for its role in the sale and marketing of the weapon. Smith and Wesson argues the matter should be removed and heard in federal court because it involves multiple claims against them, some of which fall under federal law, but the instant court disagrees. What Smith and Wesson sees as multiple claims - the sale and advertising the sale of the weapon - the court sees as legal theory, and finds there is only one claim in the matter, that of the shooter firing into a crowd of people, and that Smith and Wesson is merely a party that may bear secondary liability. Affirmed.