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Ninth Circuit· 11/20/2003

Ileto v. Glock Inc.

Citations

  • 349 F.3d 1191
  • 2003 WL 22770006

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that allegations gun manufacturers’ oversaturated market with firearms unreasonably interfered with public health and safety satisfactorily alleged a public nuisance under the Restatement (Second) of Torts
  • indicating that to 2 succeed on a claim for negligence, a plaintiff “must establish four required elements: (1) duty; (2) 3 breach; (3) causation; and (4) damages”
  • holding gun manufacturers liable because they were “in the best position to protect against the risk of harm” caused by the purchase of illegal guns from all of the different sellers to whom they distributed
  • finding that it was reasonably foreseeable that if defendants continued to foster the illegal secondary firearms market, a third party who was prohibited by law from purchasing a gun would be able to purchase one and use it in a criminal manner
  • explaining that proximate cause is “generally a question of fact” unless the facts are undisputed and only one inference can “reasonably be drawn from those facts” (quoting Garman v. Magic Chef, Inc., 173 Cal. Rptr. 20, 22 (Ct. App. 1981))
  • requiring Rule 12(b)(6) to “be read in conjunction with Rule 2 8,” which requires a short and plain statement showing that the pleader is entitled to relief

Source: CourtListener parenthetical corpus (CC0).

Judges: Hall, Paez, Thomas

Read full opinion on CourtListener

Cited by

108 cases in this archive cite this case; the 20 most cited are listed.

Cites

58 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Ileto v. Glock Inc.

8 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.