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Thu Mar 14, 2019, 12:03 PM

Sandy Hook Massacre: Gun Makers Lose Major Ruling Over Liability

Source: New York Times



The Connecticut Supreme Court dealt a major blow to the firearms industry on Thursday, clearing the way for a lawsuit to move forward against the companies that manufactured and sold the semiautomatic rifle used by the gunman in the massacre at Sandy Hook Elementary School.

The ruling allows the lawsuit brought by victims’ relatives to go to trial, which could force gun companies to turn over internal communications that they have fiercely fought to keep private and provide a revealing — and possibly damaging — glimpse into how the industry operates.

The decision represents a significant development in the long-running battle between gun control advocates and the gun lobby.

The ruling validates the novel strategy lawyers for the victims’ families used as they sought to find a route around the vast protections in federal law that guard gun companies from litigation when their products are used to commit a crime. The victims’ relatives had faced long odds as they argued that the gun companies bore some responsibility for the horrific attack.

Read more: https://www.nytimes.com/2019/03/14/nyregion/sandy-hook-supreme-court.html

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Reply Sandy Hook Massacre: Gun Makers Lose Major Ruling Over Liability (Original post)
BumRushDaShow Mar 14 OP
hlthe2b Mar 14 #1
50 Shades Of Blue Mar 14 #2
jberryhill Mar 14 #3
robbob Mar 14 #6
More_Cowbell Mar 14 #8
ehrnst Mar 14 #9
robbob Mar 14 #16
underpants Mar 14 #4
Faux pas Mar 14 #5
dlk Mar 14 #7
Maxheader Mar 14 #10
BumRushDaShow Mar 14 #11
SunSeeker Mar 14 #12
BigmanPigman Mar 14 #13
sarisataka Mar 14 #14
MadDAsHell Mar 14 #17
lilactime Mar 14 #15
TomCADem Mar 14 #18

Response to BumRushDaShow (Original post)

Thu Mar 14, 2019, 12:04 PM

1. Excellent... I hope they send a BIG message.

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Response to BumRushDaShow (Original post)

Thu Mar 14, 2019, 12:08 PM

2. Yes yes YESSSSS!

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Response to BumRushDaShow (Original post)

Thu Mar 14, 2019, 12:12 PM

3. "a deliberate effort to appeal to troubled young men"


And that's what the gunners here never seem to have understood about this case.

Is the maker of a product, in general, responsible for it having been illegally used? No.

If the maker of the product encourages, promotes or invites illegal use, or if the maker expressly appeals to persons with a foreseeable likelihood to engage in illegal use of the product does that change the picture? Yes.

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Response to jberryhill (Reply #3)

Thu Mar 14, 2019, 12:56 PM

6. What was this deliberate attempt to appeal to troubled young men?

Some kind of ad campaign? Just wondering...

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Response to robbob (Reply #6)

Thu Mar 14, 2019, 01:46 PM

8. It's in the story

"The lawsuit argued that the AR-15-style Bushmaster used in the 2012 attack had been marketed as a weapon of war, invoking the violence of combat and using slogans like “Consider your man card reissued.”

Such messages reflected, according to the lawsuit, a deliberate effort to appeal to troubled young men like Adam Lanza, the 20-year-old who charged into the elementary school and killed 26 people, including 20 first graders, in a spray of gunfire."

...

"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.

“Remington may never have known Adam Lanza, but they had been courting him for years,” Joshua D. Koskoff, one of the lawyers representing the families, told the panel of judges during oral arguments in the case in 2017."

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Response to robbob (Reply #6)

Thu Mar 14, 2019, 01:46 PM

9. "Consider your man-card reissued"

The lawsuit argued that the AR-15-style Bushmaster used in the 2012 attack had been marketed as a weapon of war, invoking the violence of combat and using slogans like “Consider your man card reissued.”





https://www.buzzfeed.com/scott/bushmasters-shockingly-awful-man-card-campaign

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Response to ehrnst (Reply #9)

Thu Mar 14, 2019, 06:59 PM

16. OMG

That is beyond disgusting. I mean, you can’t make this stuff up. “Tired of being pushed around by 5th graders? Get your “Man Card” renewed with a Bushmaster AK-47 look alike...”.

That’s an exaggerated paraphrase, but not by much (check the actual ad out). I hope those bastards get sued into bankruptcy. Man Card. Damn!

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Response to BumRushDaShow (Original post)

Thu Mar 14, 2019, 12:21 PM

4. Internal communications YES!

I feel big tobacco all over again

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Response to BumRushDaShow (Original post)

Thu Mar 14, 2019, 12:34 PM

5. Kickin' with gusto!

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Response to BumRushDaShow (Original post)

Thu Mar 14, 2019, 01:23 PM

7. Thank God - It's About Time!

Let's hope we are turning a corner in the special American version of insanity with respect to guns.

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Response to BumRushDaShow (Original post)

Thu Mar 14, 2019, 01:47 PM

10. Meh...A little push against a gargantuan gun society ...

Better than nothing, I guess...Would rather read stories about restrictions being placed...
Or restrictions on advertising and gun fairs...

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Response to Maxheader (Reply #10)

Thu Mar 14, 2019, 02:14 PM

11. Due to the 2nd Amendment

and as I understand in this case, they argued something novel to get around some of the previous rulings that have torpedoed liability.

If anything, it will be interesting to see whether this case ever gets accepted by the federal courts and if so, whether they buy the argument or not.

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Response to BumRushDaShow (Original post)

Thu Mar 14, 2019, 02:38 PM

12. Excellent!

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Response to BumRushDaShow (Original post)

Thu Mar 14, 2019, 03:33 PM

13. Yeah!

The House passed a gun bill but McConnell won't let the Senate vote on it so this is much needed good news.

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Response to BumRushDaShow (Original post)

Thu Mar 14, 2019, 03:49 PM

14. I recall the lawyers

For Aurora families had a novel strategy to get around the laws with a suit and that too was supported by anti gun groups. It went forward some but then failed, leaving the families owing hundreds of thousands of dollars to the defendants in legal expenses.

Hopefully for these families history is not about to repeat itself.

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Response to sarisataka (Reply #14)

Thu Mar 14, 2019, 10:03 PM

17. I think that was with the movie theatre chain, and yeah backfired big time.

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Response to BumRushDaShow (Original post)

Thu Mar 14, 2019, 04:28 PM

15. K&R

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Response to BumRushDaShow (Original post)

Thu Mar 14, 2019, 11:10 PM

18. A strike against Bernie Sanders's vote to protect gun companies from lawsuits?

The ruling is just in the Connecticut Supreme Court, but how will the ruling fare if it is appealed to the U.S. Supreme Court on the ground that it is preempted by the 2005 Protection of Lawful Commerce in Arms Act (PLCAA), which Bernie supported? Indeed, Bernie first won his seat based on his record guns versus a Democratic candidate. While this ruling by a state court is great, where does Bernie stand on the ruling given that it likely will be challenged on the basis of the PLCAA, which he supported.

https://www.vox.com/2015/10/14/9533389/bernie-sanders-gun-lawsuits-democratic-debate

Sanders has long been criticized for his moderate record on guns. But he faced particular criticism from his Democratic rival, Hillary Clinton, who has said the 10-year-old law gives gun companies legal immunity to lawsuits. (Clinton voted against the law as senator.)

The controversial law is the 2005 Protection of Lawful Commerce in Arms Act (PLCAA), which protects gun manufacturers and sellers from lawsuits that hold them liable for dealing in firearms that end up in criminal hands. In 2015, a judge cited the law to stop a lawsuit from the parents of an Aurora, Colorado, mass shooting victim against gun and ammo sellers that supplied the shooter with thousands of rounds of ammunition.

But the law is more complicated than Clinton suggested. The PLCAA does not provide full legal immunity to the gun industry under some circumstances. And it's unclear if the law single-handedly stopped any successful litigation against gun makers and sellers.

The PLCAA passed in 2005 in response to several lawsuits that claimed gun makers and dealers were responsible for letting firearms get into the hands of wrongdoers and criminals.

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