The Indiana Law Review would like to extend its sincere congratulations and admiration for our very own Senior […]
Category Archive: Recent Court Opinions
MIRKO BAGARIC; Professor, Dean of Law, Swinburne University, Melbourne. GABRIELLE WOLF; Associate Professor, Deakin University, Melbourne. DANIEL MCCORD; J.D. 2020, Northwestern […]
RAELYNN CHASTAIN J.D. 2020, Indiana University Robert H. McKinney School of Law; B.S., Indiana University Purdue University Indianapolis – […]
PLACIDO A. ZAMBRANO J.D. 2020, Indiana University Robert H. McKinney School of Law; B.A. 2016, University of Miami — […]
THE HONORABLE CALE J. BRADFORD AND ALEX J. DUDLEY Chief Judge Bradford was appointed to the Court of Appeals of Indiana in 2007. Prior […]
NICHOLAS L. GEORGAKOPOULOS AND FRANK SULLIVAN, JR. Nicholas Georgakopoulos is the Harold R. Woodard Professor of Law, Indiana University Robert H. […]
KOLE M. BRINEGAR J.D., May 2020, Indiana University Robert H. McKinney School of Law; M.B.A., May 2020, Indiana University […]
Frank Sullivan, Jr., Indiana University Bicentennial Professor and Professor of Practice, Indiana University Robert H. McKinney School of Law. […]
COURTNEY ABSHIRE- J.D., 2019, Indiana University Robert H. McKinney School of Law; MPA 2016, Indiana University Purdue University Indianapolis […]
Evan C. Zoldan[i]
Introduction
When the Court of Appeals of Indiana decided an important case about gun liability in May 2019, it got a key legal point wrong. The case, City of Gary v. Smith & Wesson,[ii]arose out of a lawsuit filed by the City of Gary, Indiana (the “City”), against Smith & Wesson and other firearms manufacturers. The City asked the court to hold the manufacturers liable for creating a public nuisance and for the negligent design, distribution, and marketing of firearms. After the City’s lawsuit was filed, the Indiana legislature passed a statute granting immunity to gun manufacturers for these types of claims. Because the lawsuit predated the statute, however, it was not clear whether the statute would affect the pending lawsuit.
