The New York Court of Appeals today granted CCL's motion for leave to file an amicus brief on behalf of the American Association for Justice in Daniels v. Beemiller, Inc.

      The case involves a lawsuit by the estate of a man killed when he was mistaken for a gang member by a rival gang. The gun had been purchased at an Ohio gun show as part of a lot by an illegal gun dealer. The distributor selling the guns was licensed, but knew the purchaser was not and that the purchaser was taking the lot to New York for resale. The sale violated the 1968 Crime Control Act, which requires sellers to assure that the buyers are not taking the guns across state lines or are otherwise eligible to sell the guns in the destination state. The amicus brief argues that the federal statute supplies the state interest that justifies the exercise of jurisdiction, a requirement described by the U.S. Supreme Court in its most decision on personal jurisdiction, Bristol-Myers Squibb v. Superior Court.

     The distributor-dealer in the case objected to the AAJ amicus brief, arguing that it added nothing to the case and urging the court to deny leave. The court nonetheless granted leave. The case will be argued in Albany on March 20.