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• City of New York v. Beretta U.S.A. Corp.
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LATEST SUMMARIES
COMMERCIAL LAW, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW
City of New York v. Beretta U.S.A. Corp. , No.
05-6942
In an action involving the Protection of Lawful Commerce in Arms Act
(PLCAA), which provides that any "qualified civil liability action
that is pending on October 26, 2005, shall be immediately dismissed
by the court in which the action was brought or is currently
pending", the circuit court finds that: 1) a claim by the city of
New York, predicated on New York Penal Law section 240.45, did not
fall within an exception to the claim restricting provisions of the
Act; and 2) the PLCAA was a valid exercise of Congressional power
under the Commerce Clause, and the PLCAA did not violate the
separation of powers doctrine or otherwise offend the Constitution
in any manner alleged by the city.
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