McCarthy v. Olin Corporation

Colin Ferguson boarded a New York City commuter train carrying a handgun loaded with Winchester Black Talon bullets, manufactured by Olin Corporation (defendant) and designed to expand on impact to maximize wounds; Olin had sold the bullets to the public for about a year before public outcry led it to restrict sales to law enforcement, shortly after Ferguson bought his ammunition. Ferguson then opened fire on the train, killing six people, including Dennis McCarthy, and wounding nineteen others. McCarthy's estate and surviving victims (plaintiffs) sued Olin for negligence, and the district court dismissed for failure to state a claim, holding Olin owed the plaintiffs no duty of care.