Camden County Board of Chosen Freeholders v. Beretta, U.S.A. Corp.
United States Court of Appeals for the Third Circuit
273 F.3d 536 (3d Cir. 2001)
Camden County (plaintiff) sued handgun manufacturers including Beretta (defendant), alleging their marketing and distribution practices — releasing more guns than expected lawful demand, failing to police distributors, and profiting indirectly from criminal gun purchases — created a public nuisance responsible for the county's costs combating gun violence, without alleging any manufacturer committed a direct criminal act. The trial court dismissed the complaint, and the county appealed solely on the public nuisance theory.
Whether a defendant can be held liable for public nuisance based on a product it manufactured when the defendant no longer exercised control over that product by the time independent third parties caused the alleged interference with public rights.