The Briefing Room

General Category => National/Breaking News => Topic started by: edpc on March 14, 2019, 08:26:49 pm

Title: Families can sue gun maker for U.S. school massacre: court
Post by: edpc on March 14, 2019, 08:26:49 pm
(Reuters) - Families of schoolchildren gunned down in the 2012 Sandy Hook massacre can sue Remington Outdoor Co Inc, a Connecticut court ruled on Thursday, in a setback for gun makers long shielded from liability in mass shootings.

In a 4-3 ruling widely expected to be appealed to the U.S. Supreme Court, Connecticut's highest court found the lawsuit could proceed based on a state law protecting consumers against fraudulent marketing.

https://www.yahoo.com/news/connecticut-court-allows-sandy-hook-lawsuit-proceed-160147909--sector.html (https://www.yahoo.com/news/connecticut-court-allows-sandy-hook-lawsuit-proceed-160147909--sector.html)
Title: Re: Families can sue gun maker for U.S. school massacre: court
Post by: andy58-in-nh on March 14, 2019, 08:40:20 pm
So, can families now sue automakers whenever a car is used intentionally to run down pedestrians?
 
Can knife manufacturers be sued for stabbings?
Title: Re: Families can sue gun maker for U.S. school massacre: court
Post by: txradioguy on March 14, 2019, 09:11:27 pm
The Connecticut Supreme Court ruled Thursday that Sandy Hook victims' families can move forward with a lawsuit against the manufacturer of the AR-15-style gun used by the shooter in the 2012 Newtown, Connecticut, elementary school attack.

"The court ruled that the Sandy Hook families should have the opportunity to prove that Remington violated the Connecticut Unfair Trade Practices Act (CUTPA) by marketing what it knew was a weapon designed for military use to civilians," reported the Hartford Courant.

In 2012, a mass shooter used his mother's legally-purchased AR-15 to massacre 20 first graders, six educators, and his mother.

As noted by The Wall Street Journal, "The ruling allows the plaintiffs to move forward with their claims that Remington Outdoor Co. violated Connecticut’s law against unfair trade practices by allegedly promoting the rifle as a combat weapon intended for waging war and killing human beings."

"t falls to a jury to decide whether the promotional schemes alleged in the present case rise to the level of illegal trade practices and whether fault for the tragedy can be laid at their feet," justices wrote in the majority decision.

The plaintiffs' lawsuit claimed the AR-15 used in the 2012 massacre "had been marketed as a weapon of war, invoking the violence of combat and using slogans like 'Consider your man card reissued,'" noted The New York Times. "Lawyers pointed out advertising — with messages of combat dominance and hyper-masculinity — that resonated with disturbed young men who could be induced to use the weapon to commit violence," the outlet added.

In 2017, Joshua D. Koskoff, a lawyer representing the victims' families, argued that “Remington may never have known [the shooter], but they had been courting him for years."

https://www.dailywire.com/news/44659/families-sandy-hook-victims-allowed-sue-ar-15-amanda-prestigiacomo (https://www.dailywire.com/news/44659/families-sandy-hook-victims-allowed-sue-ar-15-amanda-prestigiacomo)
Title: Re: Families can sue gun maker for U.S. school massacre: court
Post by: Smokin Joe on March 14, 2019, 09:22:15 pm
Wow. It so appealed to the shooter that his mother bought the rifle, legally. I guess she wanted her 'man card' back.

Utterly ridiculous Liberal Leftist Lawyer Bullsh*t designed to cash in on grief and greed.

D@mn, but I'm glad I didn't go into law.
Title: Re: Families can sue gun maker for U.S. school massacre: court
Post by: Smokin Joe on March 14, 2019, 09:50:54 pm
The one NBC account which allegedly said he did not use the rifle has been scrubbed from YouTube.

That leaves the FBI report on the incident, 3 volumes, which can be downloaded here: https://vault.fbi.gov/sandy-hook-elementary-school-shooting (https://vault.fbi.gov/sandy-hook-elementary-school-shooting) It's some 1500 pages (naturally) and will take some digging...
Title: Re: Families can sue gun maker for U.S. school massacre: court
Post by: txradioguy on March 14, 2019, 10:39:15 pm
This is the kind of crap that Hillary promised if she was elected back in 2016.

If the jury rules for the family it will set a very bad precedent for future litigation like this.

Honestly I'm not sure why gun manufacturers like Remington, Smith and Wesson...Kimber etc continue to have their headquarters and main manufacturing facilities in such anti-gun and anti-2nd Amendment states.
Title: Re: Families can sue gun maker for U.S. school massacre: court
Post by: Weird Tolkienish Figure on March 14, 2019, 11:18:10 pm
This is against federal law I believe. it's a non starter.
Title: Re: Families can sue gun maker for U.S. school massacre: court
Post by: Mod2 on March 14, 2019, 11:19:55 pm
Topics merged.
Title: Re: Families can sue gun maker for U.S. school massacre: court
Post by: verga on March 14, 2019, 11:24:59 pm
So, can families now sue automakers whenever a car is used intentionally to run down pedestrians?
 
Can knife manufacturers be sued for stabbings?
Can families sue the manufactures of fine adult beverages if an intoxicated individual drives drunk and kills someone, or gets into a bar fight and assaults someone? That is the next logical step.
Title: Re: Families can sue gun maker for U.S. school massacre: court
Post by: verga on March 14, 2019, 11:36:34 pm
This is against federal law I believe. it's a non starter.
I thought that only applied in cases where the federal law was less strict than the state.
Title: Re: Families can sue gun maker for U.S. school massacre: court
Post by: IsailedawayfromFR on March 14, 2019, 11:55:36 pm
I believe I hear the sound of gun manufacturers still in Connecticut saying farewell, this time for good.
Title: Re: Families can sue gun maker for U.S. school massacre: court
Post by: Optiguy on March 15, 2019, 03:01:23 am
Did Remington also market the notion of "Kill your mother in order to obtain the gun"? 'Cause that's what he did.
Title: Re: Families can sue gun maker for U.S. school massacre: court
Post by: Jazzhead on March 15, 2019, 03:19:26 am
Utterly ridiculous.    This crap gives lawyers a bad name. 
Title: Re: Families can sue gun maker for U.S. school massacre: court
Post by: sneakypete on March 15, 2019, 05:23:33 am
This is the kind of crap that Hillary promised if she was elected back in 2016.

If the jury rules for the family it will set a very bad precedent for future litigation like this.

Honestly I'm not sure why gun manufacturers like Remington, Smith and Wesson...Kimber etc continue to have their headquarters and main manufacturing facilities in such anti-gun and anti-2nd Amendment states.

@txradioguy

This is MUCH more than an assault on the second amendment. It is,in FACT,an assault of non-government manufacturing and employment in America. It will be the keystone on which national,and then international Marxism will rest. Since only the government is exempt from this sort of lawsuit,guess who is left in the position of being the only organization in position to control industry.

Think about it for a minute,and you will all realize how much power this gives government. It MUST be stopped.
Title: Re: Families can sue gun maker for U.S. school massacre: court
Post by: Smokin Joe on March 15, 2019, 05:53:36 am
@txradioguy

This is MUCH more than an assault on the second amendment. It is,in FACT,an assault of non-government manufacturing and employment in America. It will be the keystone on which national,and then international Marxism will rest. Since only the government is exempt from this sort of lawsuit,guess who is left in the position of being the only organization in position to control industry.

Think about it for a minute,and you will all realize how much power this gives government. It MUST be stopped.
It didn't take 30 seconds to realize that Stanley could be sued because someone got whacked with a claw hammer, makers of fine cutlery, anyone who has ever made anything for the military, makers of camouflage clothing, or other tactical appearing gear, anyone who makes anything that --dare I say it?--reeks of "toxic masculinity" can be accused, in the event of misuse of their products, of pandering to psychopaths looking to feed their demons.

What I didn't see is the lawsuit going after Big Pharma (for want of a better term) over the meds all these (non-Muslim) murderous whackos have been on, the ones which promise side effects of suicidal or violent ideation...

This kid wasn't wired right, came from a family which had problems, and they're all dead except maybe daddy who was tied up in the Libor scandal.  Surely, as the shrinks hide behind HIPAA and 'patient confidentiality', someone knew this.
That rifle didn't cause anyone to die, any more than cars cause accidents. It's the human element in both cases that is the problem, and like cars, tremendous numbers are operated each day with no injury or loss of life.

If this crap isn't dismissed with prejudice, we'll see this darling of the gun grabbers again and again. The greed of some attorneys guarantees it.
Title: Re: Families can sue gun maker for U.S. school massacre: court
Post by: sneakypete on March 15, 2019, 12:44:09 pm
It didn't take 30 seconds to realize that Stanley could be sued because someone got whacked with a claw hammer, makers of fine cutlery, anyone who has ever made anything for the military, makers of camouflage clothing, or other tactical appearing gear, anyone who makes anything that --dare I say it?--reeks of "toxic masculinity" can be accused, in the event of misuse of their products, of pandering to psychopaths looking to feed their demons.

 
 
If this crap isn't dismissed with prejudice, we'll see this darling of the gun grabbers again and again. The greed of some attorneys guarantees it.

@Smokin Joe

I would be willing to bet there is already a law firm somewhere planning on suing spoon manufacturers because people get fat from using their product and die from the effects of obesity.

Lawyers are evil bastards that care only about winning and making money.
Title: Re: Families can sue gun maker for U.S. school massacre: court
Post by: Fishrrman on March 15, 2019, 10:01:35 pm
Joe wrote:
"This kid wasn't wired right, came from a family which had problems, and they're all dead except maybe daddy who was tied up in the Libor scandal.  Surely, as the shrinks hide behind HIPAA and 'patient confidentiality', someone knew this."

Lanza was literally not "wired right" -- physical/developmental defects inside. He had a tendency to put his hand over heat, trying to "feel pain" -- which he could not. I believe that's why he was kicked out of some kind of electronics club at Newtown High. They feared he would injure himself.

The father must have seen that things were taking a bad turn in the family, as he got divorced and out-of-the-picture in time.

Lanza's brother also left, I believe he lives in New Jersey (and was living there at the time of the shooting). As the sole beneficiary of his mother's estate (the house), looks like he either sold or donated it to the town, which has since demolished it and let the property go back to seed.

I'm wondering if Remington can appeal this decision above-and-beyond the CT Supreme Court, and get it into the federal appeals process? It might require a trial in CT courts, and a decision "against Remington" (almost guaranteed here), before that could happen.
Title: Re: Families can sue gun maker for U.S. school massacre: court
Post by: edpc on March 15, 2019, 10:12:15 pm
Lanza was literally not "wired right" -- physical/developmental defects inside. He had a tendency to put his hand over heat, trying to "feel pain" -- which he could not. I believe that's why he was kicked out of some kind of electronics club at Newtown High. They feared he would injure himself.


Well, if there is a hell, he’s getting his money’s worth of heat and pain. Enjoy.