Webber v. Armslist LLC

Dist. Ct. did not err in dismissing two similar lawsuits against defendants-corporate entity and operator of website that posted advertisements for sale of firearms, even though plaintiffs-legal representatives of two estates asserted that defendants were negligent in causing decedents’ deaths, where decedents were killed by individuals, who had purchased firearms in private sales from other individuals, who had purchased firearms from individuals, who had posted sale of said firearms on defendants’ website. In this regard, plaintiffs maintained that defendants designed website to encourage and assist individuals in circumventing federal and state laws regulating firearms. Dismissals were appropriate, where plaintiffs’ allegations of negligence would state causation claim for negligence that would directly contravene Wisconsin statures that regulate firearm sales, since said regulations pertained to firearm sales made by firearm dealers and not to private sellers of firearms, and since online website was not firearm dealer. Also certain of plaintiffs’ negligence allegations failed to establish viable tort claim, since plaintiffs failed to plead that harm to decedents would have not occurred but for defendants’ alleged negligence. Too, one Dist. Ct. erred in finding that plaintiff established personal jurisdiction over individual defendant, who was resident of Pennsylvania and who played role in design of website, where plaintiff failed to allege that said individual played role in deciding that corporate defendant would solicit business from Wisconsin residents.