First Com. Trust Co., N.A. v. Colt's Mfg. Co., Inc., 77 F.3d 1081 (1st Cir. 1996). · Go Syfert
First Com. Trust Co., N.A. v. Colt's Mfg. Co., Inc., 77 F.3d 1081 (1st Cir. 1996). Cases Citing This Book View Copy Cite
G Cite
cited 3× by 1 distinct case · “Bubalo I”
62 citation events (31 in the last 25 years) across 7 distinct courts.
Strongest positive: City of Philadelphia v. Beretta U.S.A., Corp.
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 26 distinct citers. How cited ↗
discussed Cited as authority (quoted) City of Philadelphia v. Beretta U.S.A., Corp.
unknown court · 2000 · quote attribution · 1 verbatim quote · confidence low
bubalo i
discussed Cited as authority (rule) Patrick A. Dadd v. Anoka County (2×) also: Cited "see"
8th Cir. · 2016 · confidence medium
Co., 77 F.3d 1081, 1084 (8th Cir. 1996)).
discussed Cited as authority (rule) Independence County, Arkansas v. Pfizer, Inc. (2×)
8th Cir. · 2009 · confidence medium
Co, 77 F.3d 1081, 1083 (8th Cir. 1996) (applying Lorcin and affirming Rule 12(b)(6) dismissal of an Arkansas negligence claim against gun manufacturer premised on manufacturer's failure to develop a safe-sales policy or train retailers to avoid sales to "probable misusers" of handguns).
discussed Cited as authority (rule) Ashley County, Ark. v. Pfizer, Inc.
8th Cir. · 2009 · confidence medium
Co., 77 F.3d 1081, 1083 (8th Cir.1996) (applying Lorcin and affirming Rule 12(b)(6) dismissal of an Arkansas negligence claim against gun manufacturer premised on manufacturer’s failure to develop a safe-sales policy or train retailers to avoid sales to “probable misusers” of handguns).
cited Cited as authority (rule) Thomas A. Horton v. Steven T. Waugh
8th Cir. · 2005 · confidence medium
Co., Inc., 77 F.3d 1081, 1084 (8th Cir.1996) (citation and quotation omitted).
discussed Cited as authority (rule) Horton v. Conklin
8th Cir. · 2005 · confidence medium
Co., Inc., 77 F.3d 1081, 1084 (8th Cir.1996) (citation and quotation omitted). 17 We first observe that Waugh's motion to remove was arguably defective from the outset due to his failure to join all defendants as required by our court's interpretation of 28 U.S.C. § 1446 .
cited Cited as authority (rule) Tinius v. Carroll County Sheriff Department
N.D. Iowa · 2003 · confidence medium
Co., 77 F.3d 1081, 1083 (8th Cir.1996) (same).
cited Cited as authority (rule) Robert J. Blackwell v. Nancy Fendell Lurie
8th Cir. BAP · 2001 · confidence medium
Co., 77 F.3d 1081, 1083 (8th Cir. 1996); Postma v. First Fed.
discussed Cited as authority (rule) Douglas D. Johnson v. Larry Norris
8th Cir. · 2001 · confidence medium
Co., Inc., 77 F.3d 1081, 1083 (8th Cir.1996), we conclude Johnson did not state a § 1983 claim under any of the theories he pursued, see 42 U.S.C. § 1997e(e); Haines v. Kerner, 404 U.S. 519, 520 , 92 S.Ct. 594 , 30 L.Ed.2d 652 (1972) (liberal construction of pro se complaints); Farmer v. Brennan, 511 U.S. 825, 837 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (Eighth Amendment violated where prison officials are deliberately indifferent to prisoner’s health or safety); Ellis v. Norris, 179 F.3d 1078, 1079 (8th Cir.1999) (prisoner failed to state Eighth Amendment claim because he did not allege…
cited Cited as authority (rule) Sophapmysay v. City of Sergeant Bluff
N.D. Iowa · 2000 · confidence medium
Co., 77 F.3d 1081, 1083 (8th Cir.1996) (same).
cited Cited as authority (rule) Breedlove v. Earthgrains Baking Companies, Inc.
8th Cir. · 1998 · confidence medium
Co., Inc., 77 F.3d 1081, 1083 (8th Cir.1996); Weaver v. Clarke, 45 F.3d 1253, 1255 (8th Cir.1995).
cited Cited as authority (rule) Kris P. Anderson v. Nissan Motor Co.
8th Cir. · 1998 · confidence medium
Co., Inc., 77 F.3d 1081, 1083 (8th Cir. 1996).
cited Cited as authority (rule) prod.liab.rep. (Cch) P 15,194 Kris P. Anderson Omaha Cold Storage Terminals, Inc. v. Nissan Motor Co., Ltd.
8th Cir. · 1998 · confidence medium
Co., Inc., 77 F.3d 1081, 1083 (8th Cir.1996).
cited Cited as authority (rule) Hatcher v. U.S. Trustee (In Re Hatcher)
8th Cir. BAP · 1998 · confidence medium
Co., Inc., 77 F.3d 1081, 1083 (8th Cir.1996); Neal, 112 at 356.
cited Cited as authority (rule) Robert Hatcher v. Allison Financial
8th Cir. BAP · 1998 · confidence medium
Co., Inc., 77 F.3d 1081, 1083 (8th Cir. 1996); Neal, 112 at 356.
discussed Cited as authority (rule) Terra Industries, Inc. v. Commonwealth Insurance Co. of America
N.D. Iowa · 1997 · confidence medium
Thus, to the extent Count IV attempts to state a separate cause of action, even assuming all of the factual allegations to be true, see Conley, 355 U.S. at 45-46 , 78 S.Ct. at 101-02 ; Doe, 107 F.3d at 1303-04; Coleman, 40 F.3d at 258 ; WMX Techs., Inc., 105 F.3d at 1198; First Commercial Trust, 77 F.3d at 1083, Count IV states a claim upon which relief cannot be granted, Fed.R.Civ.P. 12(b)(6), Terra’s eon-clusory legal allegation that it may maintain such an action notwithstanding.
discussed Cited as authority (rule) Randolph v. Communications Workers of America
8th Cir. · 1997 · confidence medium
Co., 77 F.3d 1081, 1083 (8th Cir.1996), we conclude that the District Court was correct in dismissing Randolph's claims against the Union 2 : he failed to allege that the Union mishandled his labor grievance for an illegal, discriminatory reason, see Martin v. Local 1513 and Dist. 118 of Int'l Ass'n of Machinists and Aerospace Workers, 859 F.2d 581 , 584 (8th Cir.1988), and he failed to allege facts otherwise constituting an employment practice prohibited under Title VII, see 42 U.S.C. § 2000e-2(c) (1994). 3 We also conclude that the District Court did not abuse its discretion in denying Rand…
discussed Cited as authority (rule) Gary A. Randolph v. CWA, District 6
8th Cir. · 1997 · confidence medium
Co., 77 F.3d 1081, 1083 (8th Cir. 1996), we conclude that the District Court was correct in dismissing Randolph’s claims against the Union2: he failed to allege that the Union mishandled his labor grievance for an illegal, discriminatory reason, see Martin v. Local 1513 and Dist. 118 of Int'l Ass’n of Machinists and Aerospace Workers, 859 F.2d 581 , 584 (8th Cir. 1988), and he failed to allege facts otherwise constituting an employment practice prohibited under Title VII, see 42 U.S.C. § 2000e-2(c) (1994).
discussed Cited as authority (rule) Doe v. Hartz (2×)
N.D. Iowa · 1997 · confidence medium
Conley, 355 U.S. at 45-6 , 78 S.Ct. at 101-02 ; Doe, 107 F.3d at 1303-04 ; WMX Techs., Inc., 105 F.3d at 1198 ; First Commercial Trust, 77 F.3d at 1083.
cited Cited as authority (rule) Richard Mathis v. United States
8th Cir. · 1997 · confidence medium
Co., 77 F.3d 1081, 1083 (8th Cir. 1996), we agree with the district court that the Mathises could not bring an action against the named individuals under either section 7433 or Bivens.
cited Cited as authority (rule) Richard Mathis Doyle Mathis Leona Mathis Scot Mathis v. United States
8th Cir. · 1997 · confidence medium
Co., 77 F.3d 1081, 1083 (8th Cir.1996), we agree with the district court that the Mathises could not bring an action against the named individuals under either section 7433 or Bivens.
cited Cited as authority (rule) Four T's Inc. v. Little Rock
8th Cir. · 1997 · confidence medium
Co., Inc., 77 F.3d 1081, 1083 (8th Cir. 1996).
cited Cited as authority (rule) Four T's, Inc., Doing Business as Dollar Rent a Car of Little Rock v. Little Rock Municipal Airport Commission
8th Cir. · 1997 · confidence medium
Co., Inc., 77 F.3d 1081, 1083 (8th Cir.1996).
cited Cited as authority (rule) Lesia Schalski v. Ok Foods, Inc.
8th Cir. · 1996 · confidence medium
Co., Inc., 77 F.3d 1081, 1083 (8th Cir.1996).
cited Cited as authority (rule) Lesia Schalski v. OK Foods Inc.
8th Cir. · 1996 · confidence medium
Co., Inc., 77 F.3d 1081, 1083 (8th Cir. 1996).
discussed Cited "see" Presson v. Reed
W.D. Mo. · 2022 · signal: see · confidence high
See Erickson, 77 F.3d at 1081 (holding, “Because a jury must decide whether [defendants] acted with deliberate indifference, the district court properly refused to dismiss [plaintiff]’s claims for punitive damages against them”) (citation omitted).
Retrieving the full opinion text from the archive…
First Commercial Trust Company, N.A., Guardian of Estate of Robin Michele Leath, a Minor Child
v.
Colt's Manufacturing Company, Inc., Olin Corporation, Doing Business as Winchester Sports & Recreation Inc., Doing Business as Sports Unlimited Pay-More Pawn Shop, Inc. Kelvin Meeks
95-2627.
Court of Appeals for the First Circuit.
Feb 29, 1996.
77 F.3d 1081

77 F.3d 1081

FIRST COMMERCIAL TRUST COMPANY, N.A., Guardian of Estate of
Robin Michele Leath, a minor child, Appellant,
v.
COLT'S MANUFACTURING COMPANY, INC., Appellee,
Olin Corporation, doing business as Winchester; Sports &
Recreation Inc., doing business as Sports
Unlimited; Pay-More Pawn Shop, Inc.;
Kelvin Meeks, Defendants.

No. 95-2627.

United States Court of Appeals,
Eighth Circuit.

Submitted Jan. 9, 1996.
Decided Feb. 29, 1996.

Appeal from the United States District Court for the Eastern District of Arkansas; Stephen M. Reasoner, Judge.

Sandy S. McMath, Little Rock, Arkansas, argued, for appellant.

Sarah L. Olson, Chicago, Illinois, argued (James P. Dorr and Lyn P. Pruitt, on the brief), for appellee.

Before MAGILL, REAVLEY,[*] and HANSEN, Circuit Judges.

MAGILL, Circuit Judge.

[*~1081]1

First Commercial Trust Company (FCT) appeals the district court's[1] dismissal of its negligence complaint for failure to state a claim upon which relief may be granted. Because the controlling Arkansas law on this issue is clear, see First Commercial Trust Co. v. Lorcin Eng'g, Inc., 321 Ark. 210, 900 S.W.2d 202 (1995), we affirm the district court's dismissal.

I.

2

For this appeal, we accept FCT's factual allegations as true. See Dorothy J. v. Little Rock Sch. Dist., 7 F.3d 729, 731 (8th Cir.1993). On October 30, 1993, Kelvin Meeks, a crack-cocaine dealer, legally purchased a Colt's Manufacturing Company (Colt's) Cobra .357 magnum handgun from a Sports Unlimited store in Arkansas. On December 28, 1993, Meeks and a rival had a shoot-out at a Little Rock, Arkansas pawn shop, and a round from Meeks' weapon struck Robin Michele Leath, an innocent bystander, in the head. Leath suffered significant brain damage and paralysis.

3

FCT, as the guardian of Leath's estate, brought suit in Arkansas state court under a theory of negligence, alleging that Colt's was liable for Leath's injuries by: (1) merchandising and promoting cheap handguns; (2) failing to develop a "safe-sales" policy; and (3) failing to properly warn retailers regarding "probable misusers" of handguns. The case was removed to the federal district court because Colt's had entered bankruptcy proceedings; see 28 U.S.C. § 1452(a).

4

Applying Arkansas substantive law, the district court granted Colt's' Federal Rule of Civil Procedure 12(b)(6) motion and dismissed FCT's complaint for failure to state a claim upon which relief could be granted. The court held that an essential element of FCT's negligence claim, the existence of a duty owed to Leath by Colt's, was absent as a matter of law. The district court noted that "[t]here is no jurisdiction which has extended liability to the manufacturers of ammunition and guns on the grounds asserted by the Plaintiff." Order at 5.

II.

5

We apply a de novo standard of review to the district court's Rule 12(b)(6) dismissal. See Dorothy J., 7 F.3d at 731. We review the district court's determination of Arkansas law de novo. See Salve Regina College v. Russell, 499 U.S. 225, 231, 111 S.Ct. 1217, 1220-21, 113 L.Ed.2d 190 (1991).

[*~1082]6

In First Commercial Trust Co. v. Lorcin Eng'g, Inc., 321 Ark. 210, 900 S.W.2d 202 (1995), the Arkansas Supreme Court considered claims virtually identical to those raised in this case, compare Lorcin, id. 900 S.W.2d at 203 (describing complaint) with Appellant's App. at 9-10 (FCT's complaint against Colt's),[2] and held that a handgun manufacturer owed no duty to the victim of an illegal shooting. Lorcin, 900 S.W.2d at 205. Although the rule established in Lorcin is clearly controlling in this case, FCT argues that Lorcin can be distinguished from the instant case on its facts, because Colt's allegedly had a different relationship with Sports Unlimited than the Lorcin defendant had with its retailer. This argument simply has no merit; Lorcin stands as a clear rejection of FCT's theory of liability.

7

FCT also argues that following Lorcin in this case will work "a denial of civil procedural due process and equal protection under the Fourteenth Amendment," Appellant's Br. at 12, by denying a litigant the right to develop facts to prove her case. Under the Rooker- Feldman doctrine,[3] this Court has no jurisdiction to hear an appeal of a state court decision, see Charchenko v. City of Stillwater, 47 F.3d 981, 983 (8th Cir.1995), and we reject FCT's invitation to visit the merits of Lorcin. See Postma v. First Fed. Sav. & Loan of Sioux City, 74 F.3d 160, 162, n. 3 (8th Cir.1996) (noting that "there is no procedural due process exception to the Rooker- Feldman doctrine"). Although we may hear "general constitutional challenges if these claims are not inextricably intertwined with the claims asserted in state court," Charchenko, 47 F.3d at 983, we note that FCT has failed to address precisely how Arkansas's rejection of FCT's theory of negligence violates the United States Constitution.[4] We conclude that the district court properly dismissed FCT's complaint because it stated no legal duty owed by Colt's to Leath, an essential element of her negligence action. See Lorcin, 900 S.W.2d at 203.

III.

8

Colt's seeks sanctions against FCT under Federal Rule of Appellate Procedure 38 for a frivolous appeal. "The decision to impose sanctions for a frivolous appeal is left to [this Court's] discretion," In re Estate of Graven, 64 F.3d 453, 456 (8th Cir.1995); see also 28 U.S.C. § 1912. Although "the courthouse is always open to good faith appeals of what are honestly thought to be errors of the lower court," McConnell v. King, 42 F.3d 471, 472 (8th Cir.1994) (per curiam) (quotations omitted), sanctions are appropriate where an appeal challenges district court decisions "that are unquestionably supported by the great weight of the evidence and wholly in conformance with applicable law," Maristuen v. National States Ins. Co., 57 F.3d 673, 680 (8th Cir.1995). While this case presents a close question, we elect not to impose sanctions against FCT.[5]

[*~1083]9

Accordingly, we affirm the judgment of the district court.

*

THE HONORABLE THOMAS M. REAVLEY, United States Circuit Judge for the Fifth Circuit, sitting by designation

1

The Honorable Stephen M. Reasoner, United States District Judge for the Eastern District of Arkansas

2

The same attorney, Sandy S. McMath, represented FCT in both the Lorcin case and the instant case

3

Named after Rooker v. Fidelity Trust Co., 263 U.S. 413, 416, 44 S.Ct. 149, 150, 68 L.Ed. 362 (1923), and District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 476, 103 S.Ct. 1303, 1311, 75 L.Ed.2d 206 (1983), this doctrine commands that the United States Supreme Court is the only federal court which may review state court decisions

4

Litigants, of course, have no right to discovery in the absence of a plausible legal theory; see, e.g., Neitzke v. Williams, 490 U.S. 319, 326-27, 109 S.Ct. 1827, 1832, 104 L.Ed.2d 338 (1989) (purpose of Rule 12(b)(6) is to "streamline[ ] litigation by dispensing with needless discovery and factfinding"). FCT apparently once agreed with this legal truism, as it stipulated to a suspension of discovery until after Colt's' motion to dismiss had been ruled on by a court. See Appellee's add. at 1. In light of this stipulation, FCT cannot now complain of a denial of procedural due process

5

We also deny Colt's' motion to strike portions of FCT's brief