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jmg257

(11,996 posts)
Thu Apr 14, 2016, 08:45 PM Apr 2016

CT Judge denies manufacturer motion to dismiss in Sandy Hook case...

"Superior Court judge has denied a motion to dismiss a lawsuit accusing gun makers and sellers of liability in the Sandy Hook Elementary School shooting, saying the broad immunity granted to the firearms industry does not strip the court of jurisdiction to hear the claim."

While the Protection of Lawful Commerce in Arms Act generally insulates gun companies from liability, Judge Barbara Bellis said the law could be used to attack the legal sufficiency of the plaintiffs' claims, but not to have the case thrown out at this early stage.

Attorneys for the plaintiffs – nine victims' families and an administrator who was shot and survived – declared the ruling a major win, as victories against firearms companies are extremely rare. But the ruling does not preclude the defendants from reasserting their claims of immunity under federal law in a future motion.
..."

"At this juncture," Bellis wrote, "the court need not and will not consider the merits of the plaintiffs' negligent entrustment theory."

http://www.courant.com/news/connecticut/hc-sandy-hook-gun-lawsuit-dismissal-denied-20160414-story.html

11 replies = new reply since forum marked as read
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CT Judge denies manufacturer motion to dismiss in Sandy Hook case... (Original Post) jmg257 Apr 2016 OP
So not being thrown out of court is a "Major Win"? DonP Apr 2016 #1
"...going to run up the lawyers fees on both sides..." My thoughts too. jmg257 Apr 2016 #2
what PLCAA really means jimmy the one Apr 2016 #3
Setting aside the PLCAA TeddyR Apr 2016 #4
The suit alleges that Remington, aka Bushmaster, flamin lib Apr 2016 #9
That's what the complaint says TeddyR Apr 2016 #10
So ... Straw Man Apr 2016 #11
They hate the first amendment too, apparently. beevul Apr 2016 #5
To achieve every proposal sarisataka Apr 2016 #6
Whats sad... beevul Apr 2016 #7
Fixed that sarisataka Apr 2016 #8
 

DonP

(6,185 posts)
1. So not being thrown out of court is a "Major Win"?
Thu Apr 14, 2016, 09:34 PM
Apr 2016

Even when it's clear it is not because of the merits of their case or lack thereof?

Getting kinda desperate for a "win" of any kind there.

I'm afraid ultimately this is just going to run up the lawyers fees on both sides that they may wind up having to pay. Just like the family in Colorado.

jmg257

(11,996 posts)
2. "...going to run up the lawyers fees on both sides..." My thoughts too.
Thu Apr 14, 2016, 09:44 PM
Apr 2016

Reading the complaint, I just can't see Bushmaster being held liable for practices of supplying & advertising products that legislators across the country, including CT, declare are perfectly legal.

jimmy the one

(2,717 posts)
3. what PLCAA really means
Fri Apr 15, 2016, 11:21 AM
Apr 2016
While the Protection of Lawful Commerce in Arms Act {PLCAA} generally insulates gun companies from liability,

PLCAA really stands for:

Gun Manufacturers Protection from Liability, Culpability, Answerability, and Authority

CNN or MSNBC yday or day before suggested appeal. At least wasn't shot down.
I presume 2nd circuit court for connecticut, NY, & Vt would hear any appeal, and I suspect since new england circuit a better chance to uphold judge's ruling, thus any appeal to supreme wizards might go 4 - 4, & uphold the ability to sue. Yay.
Poor scalia, his brilliant mind must be rolling over in his head.

flamin lib

(14,559 posts)
9. The suit alleges that Remington, aka Bushmaster,
Mon Apr 18, 2016, 10:19 AM
Apr 2016

manufactured, marketed and negligently entrusted to the public a fire arm designed by the military (the AR15 is the prototype for the M16 designed at the behest of the Pentagon to replace the heavier M14). The firearm was designed to be used by professional soldiers and law enforcement with specialized training but was entrusted to civilians without that training.

 

TeddyR

(2,493 posts)
10. That's what the complaint says
Mon Apr 18, 2016, 12:32 PM
Apr 2016

What I'm asking is why do you think that Remington should be held liable? The firearm was legal for civilian purchase according to both the state of Connecticut and federal law. The firearm certainly isn't in use by any military in the world, and isn't any different from hundreds of other semi-automatic rifles available for civilian purchase (and again not used by any military).

Straw Man

(6,760 posts)
11. So ...
Mon Apr 18, 2016, 01:23 PM
Apr 2016
The firearm was designed to be used by professional soldiers and law enforcement with specialized training but was entrusted to civilians without that training.

... is it your contention that insufficient training was the cause of the Sandy Hook massacre?
 

beevul

(12,194 posts)
5. They hate the first amendment too, apparently.
Fri Apr 15, 2016, 12:52 PM
Apr 2016
...the suit alleges that the Bushmaster, a semiautomatic rifle similar in appearance to fully automatic military rifles, was marketed in a militaristic fashion that appealed to those intent on inflicting mass casualties.


Plastic man couldn't reach like that.

The suit includes references to advertising copy for Bushmaster rifles, including such lines as "the uncompromising choice when you demand a rifle as mission-adaptable as you are" and "Forces of opposition, bow down. You are single-handedly outnumbered."


And the people that support this? They just want "reasonable commonsense gun safety laws"? Nope.

They hate guns. They hate the second amendment. And they'll hate the first and any other that gets in the way, if and when they have to, with a smile.

sarisataka

(20,892 posts)
6. To achieve every proposal
Fri Apr 15, 2016, 01:08 PM
Apr 2016

I have seen put forth by gun control proponents we would have to repeal the 1st, 2nd, 4th, 5th, 6th, 8th Amendments and restrict both the 9th and 10th.

 

beevul

(12,194 posts)
7. Whats sad...
Fri Apr 15, 2016, 01:14 PM
Apr 2016

Is that I don't have to ask for examples. (assume you meant 2nd, where the first '4th' is)

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