Sandy Hook Parent’s lawsuit against Remington dismissed
As it should be:
A Connecticut judge has dismissed a lawsuit that families of the Sandy Hook Elementary School shooting victims had filed against a gun manufacturer.
In her decision granting the company’s motion to strike the case, Superior Court Judge Barbara Bellis invoked a federal statute known as PLCAA, the Protection of Lawful Commerce in Arms Act.
The law prohibits lawsuits against gun manufacturers and distributors if their firearms were used in the commission of a criminal act.
The families had sought an exemption through a claim of “negligent entrustment,” arguing the maker knowingly marketed and sold the Bushmaster AR-15 rifle to civilians despite knowing it posed a risk when used outside “highly regulated institutions” such as law enforcement or the military. Remington is the parent company of Bushmaster.
Bellis said the “criminal misuse of a weapon” by Adam Lanza means the action “falls squarely within the broad immunity provided by PLCAA,” adding that the arguments presented by the families do not fit within the definition of negligent entrustment.
Honestly, to prevent such frivolous suits being brought by shady lawyers, Remington should sue for damages.
October 17th, 2016 at 6:07 pm
Honestly, to prevent such frivolous suits being brought by shady lawyers, Remington should sue for damages.
Abso-freaking-lutely. If Remingon tries to play the “kinder, gentler” card here and not pursue reimbursement of its legal expenses it means three things: 1) Remington does not have the courage of its convictions; 2) Remington is “Smith & Wesson light, and;” 3) Others will not be disabused of the notion that they can sue gunmakers legally producing and selling a legal product at no cost to themselves.
As Glenn Reynolds frequently points out, ‘A certain Community Organizer recommends punching back twice as hard.”
October 17th, 2016 at 10:42 pm
I’ll say it. Thanks to the 2005 Republican Congress, and to President Bush for the legislation that blocks these frivolous lawsuits. Without it, the industry would be litigated into bankruptcy. It’s exactly that sort of thing at state in November.
October 18th, 2016 at 10:01 am
What’s this? A Superior Court judge who follows the rule of law and the Constitution?
The bitch will have to fix that right quick.
October 18th, 2016 at 11:57 am
The case is going to be appealed. As long as somebody keeps on paying the lawyers ( Bloomberg ? )they will stay with it.
October 18th, 2016 at 6:14 pm
The PLCAA was specifically written with a provision to award legal fees to the defendant to act as a deterrent to frivolous suits.
Some parents of the Aurora theater shooting victims found that out the hard way after a judge socked them with the legal fees. Of course the Brady Campaign who was coercing the parents to sue walked away scott free.
October 18th, 2016 at 6:14 pm
FYI, here’s more info.
http://blog.cheaperthandirt.com/judge-orders-aurora-victims-family-lawyers-pay-suing-gun-dealers/