Now . . .
BEHIND THE SCENES GUN MAKERS ARE PREPPING THEIR RESPONSE THAT THREATENS TO COST TAXPAYERS MILLIONS: AN "ABUSE OF PROCESS" COUNTERSUIT!!!
Again, we're not a lawyer but here's the basics of the argument . . .
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action. In common law it is classified as a tort distinct from the intentional tort of malicious prosecution. It is a tort that involves misuse of the public right of access to the courts. In the United States it may be described as a legal process being commenced to gain an unfair litigation advantage.
Now here's the insider word . . .
"The Mayor's comparison to big tobacco is wishful thinking because cigarettes aren't constitutionally protected. The case he won against Jimenez was mostly due to their bankruptcy that was already underway. The new action he's planning targets a company that's more solvent and their lawyers are already working on defense strategies . . . Abuse of process is just one of them - They'll make a reasonable argument that Mayor Q is trying to litigate gun control through consumer law. Given the Mayor's many statements about getting guns off the street . . . They'll be able to find quite a few incriminating details to back up their claims.
However, the main point is that consumer lawsuits are a long drawn out process that don't end in triumphant victories until years down the road . . . Meanwhile, it seems like KC's violence problem gets worse every weekend . . ."
Developing . . .