In Major Victory for Survivors of Highland Park Mass Shooting, Judge Allows Majority of Claims in Civil Case Against Smith & Wesson and Firearm Retailers to Proceed

Romanucci & Blandin LLC and Everytown Law Represent 48 Survivors of Highland Park Mass Shooting

HIGHLAND PARK, Ill. – The survivors and loved ones of those killed in the Highland Park Fourth of July mass shooting secured a major victory today in their case seeking to hold Smith & Wesson and gun sellers Bud’s Gun Shop and Red Dot Arms accountable for enabling the shooter to carry out the massacre. The court denied Smith & Wesson's motions to dismiss as to Plaintiffs' unfair business practices and negligence claims, but granted them as to the Plaintiffs' deceptive business practices claims. The court also denied the motions to dismiss filed by Red Dot and Bud's Gun Shop in their entirety.

Co-counsel from Romanucci & Blandin LLC, Everytown Law and Wallace Miller representing plaintiffs in the case issued the following response:

“Today’s historic decision sends a clear message that the gun industry does not have carte blanche to engage in irresponsible marketing of assault rifles, without any concern for the obvious dangers of such marketing. We are also pleased that our claims against the firearms retailers for selling an assault rifle to someone who lived in a town where he was prohibited from having one are allowed to go forth. We are steadfast in our fight to hold the defendants accountable for the damage their conduct has caused, and look forward to the truth coming out as this case proceeds to discovery.”

In September 2022, the lawsuits were filed in Illinois state court against the individuals and entities alleged to be responsible for the Highland Park Fourth of July Mass Shooting: firearms manufacturer Smith & Wesson; an online gun distributor, Bud’s Gun Shop; an Illinois gun retailer, Red Dot Arms; the shooter; and the shooter’s father. The complaints allege numerous violations of Illinois law and were filed on behalf of Lake County residents who attended the local parade in Highland Park, Illinois. The plaintiffs allege that Smith & Wesson’s marketing of the murder weapon was unfair and deceptive, including because it misleadingly implies a non-existent association between its “M&P” (Military and Police) line of assault rifles and the U.S. military, and because it knew that its marketing practices promote and sell an image that caters to and attracts high-risk young men like the shooter—the same demographic that Smith & Wesson has watched, time after time, commit mass shootings using Smith & Wesson assault rifles.

Shortly after the lawsuits were filed, Smith & Wesson removed the cases from state court in Lake County to federal court in the Northern District of Illinois. Both the federal District Court and the Seventh Circuit Court of Appeals rejected Smith & Wesson’s efforts, determining that the cases belong in state court, where they were originally filed. And just eleven days ago, in a first-of-its-kind outcome, the federal District Court awarded the plaintiffs over $450,000 in fees following Smith & Wesson’s frivolous attempt to move the case out of state court.

Twenty-five cases on behalf of 79 survivors have been filed in Lake County and have been consolidated before Judge Jorge L. Ortiz. The Roberts, Sondheim, Straus, Rebollar Sedano, Bennett, Samuels, Rodriguez/Sanchez, Tenorio/Melgar, Vergara/Montes, Toledo, Zeifert, Aguilar, Castellanos, Castillo, Gutman, Medina, and Ring Families are represented by founding partner Antonio M. Romanucci, managing and senior partner Gina A. DeBoni, partner Michael E. Holden, and senior attorney Joshua M. Levin from Romanucci & Blandin, LLC; Alla Lefkowitz, managing director of affirmative litigation, Carly Lagrotteria, counsel, and Laura Keeley, counsel from Everytown Law; and partner David A. Neiman from Wallace Miller.

About Everytown Law

Everytown Law, the litigation arm of Everytown for Gun Safety Support Fund, is the largest and most experienced team of litigators in the U.S. working to advance gun violence prevention in the courts. Everytown Law fights for everyone's right to live free from gun violence, including representing survivors of gun violence and state and local governments seeking accountability and reform from bad actors in the gun industry, challenging dangerous gun laws, and defending gun safety laws against Second Amendment and preemption challenges. Learn more about Everytown Law’s work at www.everytownlaw.org.

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