Highland Park July 4th Shooting Survivors Sue Smith & Wesson, Gun Retailers, Shooter and His Father
Roberts v. Smith & Wesson Brands, Inc., et al.
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Everytown Law partnered with the Romanucci and Paul Weiss law firms to file lawsuits seeking gun industry accountability and reform on behalf of numerous families whose lives were shattered by the Fourth of July mass shooting in Highland Park.
The lawsuits allege that Smith & Wesson’s marketing of the murder weapon was unfair and deceptive because it misleadingly implies a non-existent association between its “M&P” (Military and Police) line of assault rifles and the U.S. military. The lawsuits further allege that two gun stores–online distributor Bud’s Gun Shop and retailer Red Dot Arms–negligently and illegally sold the murder weapon to the shooter in violation of the assault weapons bans in Highwood and Highland Park, IL.
Case Documents
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Complaints
Complains Filed in September 2022
- Roberts v. Smith & Wesson, et al.
- Bennett v. Smith & Wesson, et al.
- Rebollar Sedano v. Smith & Wesson, et al.
- Rodriguez v. Smith & Wesson, et al.
- Straus v. Smith & Wesson, et al.
- Sundheim v. Smith & Wesson, et al.
- Tenorio v. Smith & Wesson, et al.
- Toledo v. Smith & Wesson, et al.
- Vergara v. Smith & Wesson, et al.
- Zeifert v. Smith & Wesson, et al.
Amended and New Complaints Filed in July 2024
- Roberts v. Smith & Wesson, et al. Amended Complaint
- Bennett v. Smith & Wesson, et al. Amended Complaint
- Rebollar Sedano v. Smith & Wesson, et al. Amended Complaint
- Rodriguez v. Smith & Wesson, et al. Amended Complaint
- Straus v. Smith & Wesson, et al. Amended Complaint
- Sundheim v. Smith & Wesson, et al. Amended Complaint
- Tenorio v. Smith & Wesson, et al. Amended Complaint
- Toledo v. Smith & Wesson, et al. Amended Complaint
- Vergara v. Smith & Wesson, et al. Amended Complaint
- Zeifert v. Smith & Wesson, et al. Amended Complaint
- Aguilar v. Smith & Wesson, et al.
- Castellanos v. Smith & Wesson, et al.
- Gutman v. Smith & Wesson, et al.
- Medina v. Smith & Wesson, et al.
- Castillo v. Smith & Wesson, et al.
- Ring v. Smith & Wesson, et al.
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Federal Court Remand Briefing
Motion to Remand Filed in N.D. Illinois
- Plaintiffs’ Motion to Remand
- Defendant Smith & Wesson’s Opposition to Plaintiffs’ Motion to Remand
- Index of Exhibits, Defendant Smith & Wesson’s Opposition to Plaintiffs’ Motion to Remand
- Exhibit 1, Defendant Smith & Wesson’s Opposition to Plaintiffs’ Motion to Remand
- Exhibit 2, Defendant Smith & Wesson’s Opposition to Plaintiffs’ Motion to Remand
- Exhibit 3, Defendant Smith & Wesson’s Opposition to Plaintiffs’ Motion to Remand
- Exhibit 4, Defendant Smith & Wesson’s Opposition to Plaintiffs’ Motion to Remand
- Exhibit 5, Defendant Smith & Wesson’s Opposition to Plaintiffs’ Motion to Remand
- Exhibit 6, Defendant Smith & Wesson’s Opposition to Plaintiffs’ Motion to Remand
- Plaintiffs’ Reply Brief in Support of Plaintiffs’ Motion to Remand
- Defendant Smith & Wesson’s Surreply in Opposition to Plaintiffs’ Motion to Remand
- Plaintiffs’ Notice of Supplemental Authorities in Support of Plaintiffs’ Motion to Remand
- Defendant Smith & Wesson’s Response to Plaintiffs’ Notice of Supplemental Authority
- Order Granting Plaintiffs’ Motion to Remand
Appeal in the Seventh Circuit Court of Appeals
- Defendant Smith & Wesson’s Notice of Appeal
- Brief of Appellant Smith & Wesson
- Brief of Plaintiffs-Appellees
- Reply Brief of Appellant Smith & Wesson
- Opinion Affirming Order Granting Plaintiffs’ Motion to Remand
Motion for Attorneys’ Fees and Costs in N.D. Illinois
- Plaintiffs’ Motion for Attorneys’ Fees and Costs Incurred as a Result of Removal
- Smith & Wesson’s Opposition to Plaintiffs’ Motion for Fees and Costs Incurred as a Result of Removal
- Plaintiffs’ Motion for Leave to File Reply
- Defendant Smith & Wesson’s Motion to File Surreply in Opposition to Plaintiffs’ Motion for Attorneys’ Fees and Costs
- Order Granting Plaintiffs’ Motion for Attorneys’ Fees and Costs Incurred as a Result of Removal
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Order Consolidating Cases in State Court
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Motions to Dismiss Filed in State Court
- Defendant Buds Gun Shop’s Motion to Dismiss
- Defendant Smith & Wesson’s Motion to Dismiss
- Defendant Red Dot Arms, Inc’s Motion to Dismiss
- Plaintiffs’ Omnibus Opposition to Defendants’ Motions to Dismiss
- Defendant Buds Gun Shop Omnibus Reply in Support of Motion to Dismiss
- Defendant Smith & Wesson’s Omnibus Reply in Support of Motion to Dismiss
- Defendant Red Dot Arms, Inc.’s Omnibus Reply in Support of Motion to Dismiss
- Order Denying Buds Gun Shop and Red Dot Arms, Inc’s Motions to Dismiss
- Order on Smith & Wesson’s Motion to Dismiss
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Motion for Certification of Issues for Interlocutory Appeal
- Defendant Smith & Wesson’s Motion for Certification of Issues for Interlocutory Appeal
- Defendant Buds Gun Shop’s Motion for Certification of Issues for Interlocutory Appeal
- Defendant Red Dot Arms, Inc.’s Motion for Certification of Issues for Interlocutory Appeal
- Plaintiffs’ Omnibus Response to Gun Store Defendants’ Motion for Certification of Issues for Interlocutory Appeal
- Plaintiffs’ Omnibus Response to Smith & Wesson’s Motion for Certification of Issues for Interlocutory Appeal
- Defendant Smith & Wesson’s Reply in Support of Motion for Certification of Issues for Interlocutory Appeal
- Defendant Buds Gun Shop’s Reply in Further Support of Motion for Certification of Issues for Interlocutory Appeal
- Defendant Red Dot Arms, Inc.’s Reply in Support of Motion for Certification of Issues for Interlocutory Appeal
- Order on Gun Store Defendants’ Motion for Certification of Issues for Interlocutory Appeal
- Order on Smith & Wesson’s Motion for Certification of Issues for Interlocutory Appeal
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Answers
- Defendant Smith & Wesson’s Omnibus Answer and Affirmative Defenses to Plaintiffs’ First Amended Complaint
- Defendant Buds Gun Shop’s Answer and Affirmative Defenses to Plaintiffs’ First Amended Complaint
- Defendant Red Dot Arms, Inc.’s Answer and Affirmative Defenses to Plaintiffs’ First Amended Complaint
Press
Press Releases
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…
Federal Appellate Court Rejects Smith & Wesson’s “Unjustified” Attempt to Move Civil Lawsuits on Behalf of Victims of Highland Park Mass Shooting into Federal Court
Less than a week after oral argument, the Seventh Circuit ruled in favor of plaintiffs to send the lawsuits back to state court HIGHLAND PARK,…
Victory for Survivors: Civil Lawsuits on Behalf of Nearly 50 Victims of Highland Park Fourth of July Mass Shooting Returned to State Court
Judge rules in favor of plaintiffs and overrules Smith & Wesson’s effort to move litigation to federal court HIGHLAND PARK, Ill. – This week, in a…
Highland Park Survivors Sue Gun Manufacturer Smith & Wesson, Online Distributor Bud’s Gun Shop, Retailer Red Dot Arms, Shooter, and Shooter’s Father for Roles In City Of Highland Park Fourth of July Parade Mass Shooting
Survivors Represented by Romanucci & Blandin LLC, Everytown Law, and Paul, Weiss, Rifkind, Wharton & Garrison LLP; Additional Survivors to File Further Lawsuits Complaint:…
In the News
Highland Park Shooting Victims Say They Are Fighting Back as They Cope Day by Day
Chicago, IL (WBEZ) — Lauren Bennett, who was shot twice, is among a group suing a gunmaker over the shooting. “Anything that could help prevent…
Highland Park Shooting Victims, Families Are Suing Gunmaker Smith & Wesson, Others
Chicago, IL (WBEZ) — The nearly dozen suits, filed in Lake County, claims the shooting was “predictable and preventable.” They add to the over 100…
Victims of Highland Park Shooting Sue Gun Maker and Retailers
The New York Times — Survivors and families of victims of the Fourth of July shooting in Highland Park, Ill., have filed lawsuits against Smith…
Highland Park Fourth of July Massacre: First Lawsuits Filed, Say Attack ‘Predictable and Preventable’
(Chicago Sun Times) — Families of three people killed in the Highland Park Fourth of July parade massacre and dozens who were wounded filed suit…