From our private database of 30,900+ case briefs...
McCarthy v. Olin Corporation
United States Court of Appeals for the Second Circuit
119 F.3d 148 (1997)
Colin Ferguson boarded a commuter train in New York City carrying a 9 mm semiautomatic handgun. The handgun was loaded with Winchester Black Talon bullets, manufactured by Olin Corporation (Olin) (defendant). Black Talons were designed to open upon impact, like talons, to tear into the flesh of their victims. In this way, Black Talons maximized the wounds being inflicted. Olin marketed and sold Black Talons to the general public for about one year, until public outcry caused Olin to restrict its sales of the bullets to exclusively law-enforcement personnel. Ferguson had purchased his Black Talons shortly before they were withdrawn from the market. Ferguson opened fire on a train’s passengers, killing six and wounding 19. Dennis McCarthy was among those killed. McCarthy’s estate, together with survivors Kevin McCarthy and Maryanne Phillips (plaintiffs), sued Olin for negligence. Olin moved to dismiss the plaintiffs’ suit for failure to state a claim upon which relief can be granted. The district court granted Olin’s motion, finding that Olin owed no duty of care to the plaintiffs. The plaintiffs appealed.
Rule of Law
Holding and Reasoning (Meskill, J.)
Dissent (Calabresi, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 553,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 553,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 30,900 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.