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DAVIS NAMES FIRST JUDGE IN MONTHS SACRAMENTO — Gov. Gray Davis announced his first judicial appointment in more than three months Monday, naming Adolfo Corona to the Fresno County Superior Court. A recent San Jose Mercury News report argued that Davis was distracted by the budget crisis and recall threat and was neglecting the bench. But Davis spokesman Gabriel Sanchez on Monday denied that the lack of bench appointments was unusual, saying there was “no pace” to the governor’s decisions. Davis “would rather make the right decision than the quick one,” Sanchez said. Corona, 44, is a partner at Dowling, Aaron & Keeler, where he practices civil litigation and municipal law. He leads the firm’s public entity and land use group and also works as city attorney for Sanger, according to the governor’s press release. He has been a judge pro tem in Fresno County and an early neutral in U.S. district court. Corona is a member of La Raza Lawyers Association and other groups and has also served on school boards in the Central Valley. He lives in Fowler, where he was also born. Corona got his law degree from Boalt Hall School of Law. As a judge, he will earn $139,476. – Jeff Chorney N.Y. JUDGE DISMISSES NAACP GUN LAWSUIT NEW YORK — The handgun industry prevailed again Monday in a third major court ruling dismissing a suit seeking to hold it responsible for marketing tactics that facilitate the use of guns in crimes in New York. But the federal judge who issued the ruling said the evidence presented in a six-week trial established that handgun manufacturers are responsible for the creation of a public nuisance. U.S. District Judge Jack Weinstein strongly condemned the industry’s failure to limit handgun sales and thus control diversion of guns to criminals. Yet the judge dismissed the suit because he said the plaintiffs, the National Association for the Advancement of Colored People, failed to prove another of the essential elements of a public nuisance claim: that it suffered harm different in kind from that suffered by the public at large. Judge Weinstein’s 178-page opinion and findings of fact in NAACP v. Acusport Inc., 99-CV-3999, were filed Monday in the Eastern District of New York. “The NAACP has demonstrated the great harm done to the New York public by the use and threat of use of illegally available handguns in urban communities,” the judge wrote. “It also has shown that the diversion of large numbers of handguns into the secondary illegal market, and subsequently into dangerous criminal activities, could be substantially reduced through policies voluntarily adopted by manufacturers and distributors of handguns without additional legislation,” he added. John Renzulli of Renzulli, Pisciotti & Renzulli, who represented more than a dozen gun manufacturers, said he was “elated” with the ruling and was confident that the finding of public nuisance would have “absolutely no” impact on other litigation against the industry. – The New York Law Journal

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