National Court rules Remington can be sued by Sandy Hook victims

[RicInOR]

I wondered about the suing of the manufacturer, in any shooting case. But this is an interesting case - state law about advertising.
I believe the jury pool will be tainted, however.

Bold added.

In 2012, gunman uses Bushmaster XM15-E2S semiautomatic rifle to murder 26 people at Newtown, Conn. elementary school. Can the manufacturer, distributor, and retailer of the rifle be sued under state law even though federal law broadly immunizes them of liability for crimes committed by third parties using their weapons? Connecticut Supreme Court (by a 4–3 vote): The suit can proceed. If the rifles were marketed for civilians to use in offensive, military-style combat missions (as the plaintiffs allege), such marketing violates state advertising law. And a seller knowingly violating state law applicable to a gun's sale is not entitled to federal immunity.

 

[HighlandLofts]

Wasn't it Dick's Sporting Goods... IIRC Everytown went after them and they quit selling ARs, then firearms. Not sure.

When Dick's started out they were a small Army & Navy store on Court Street in Binghamton New Yorkistan. My mother bought my first gun from there. It was a small split level building. The gun department was on the higher level on the left side of the building, the cloths and other sporting goods were on the main floor. On the rigjt side of the building was a narrow resturaunt. There was an old Acme grocery stoor the the right of the Dick's building. When the Acme store went under Stack bought it and moved the Dicks store into the old grocery store. They tore down the old Dicks store and they put a Block Buster video store on that spot. Shortly afterwards they stared expanding to other locations and built a warehouse/transfer station in the newly developed tax free industrial park in Conklin New Yorkistan. They started specializing in golf, baseball, hiking shoes and other types of high dollar revenue. Their gun interest faded fast as there isn't as much profit in gun retail and then through in all the mandated red tape involved in gun transfers and ammo retail.

Dick's bought Big 5 Sports and opened up Field & Syream stores. Guns are a small percentage of their over all sales with little profit. When they pull this anti gun crap it looks like a do good action to the other patrons who are into other sports and are anti gun.

I have not patronized Dicks Sporting Goods, Big 5 or Field & Stream since Sandy Hook and I never will.
A few months ago Big 5 had a decent sale on 22 long rifle bricks and they has a $10 off coupon in a mailer we get in. I threw the coupon in the garbage. Dick's, Big 5 or Field & Stream will NEVER SEE ONE PENNY FROM MY POCKET!
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This is Ridiculous on all fronts! I knew I could have sued j.a. henckels with their advertised knife being hard and sharp sliced my finger... Does anyone have common sense anymore?

Back in my day we didn't have warning labels,
We wern't that effin STUPID.

 

[Member 52301]

My son in the military is a gun safety instructor. He had his guns confiscated by the court because his former spouse expressed a fear of him and his guns, even though they live 11 hours away from each other. She had zero proof! It was totally based on her emotions! Her fabricated fear also allowed a restraining order to be extended without any material evidence of him being a threat, which may cost him his military career because he is non-deployable if this country was to go to war! Yes, the legal system is effed up!

I am sorry to hear this story and I wish your son best wishes in getting this bad situation resolved.

I pushed the 'like' button for you telling/posting the story NOT because I 'like' what happened to him.

(Apparently the 'like' post can be confusing to some people online when they express a like or thank you to another poster or original poster in a thread for POSTING a story or for an added post in a thread and/or LIKING what the poster has to say.)

There are many true stories out there where people, not just ex or not ex family members, try to screw up a man's career, life in general, etc.

Best wishes to your son.

Cate
Added more.

 

[Member 52301]

I do not think that any person or group (In CT or not!) should be ALLOWED to sue Remington or any other GUN company for these murders.

Blame the murderer (Adam Lanza) or murderers in any single or mass murder NO matter if they use a gun or any other object to do their dirty deed.

Cate

 

[bentoncity]

Blame the murderer (Adam Lanza) or murderers in any single or mass murder NO matter if they use a gun or any other object to do their dirty deed.
Cate

I'm waiting for those nutjobs to start suing the auto mfgs. instead of the people that were driving the auto. Maybe sue the parents of/for whatever for having the kids that caused the deaths? How far back can these people chase stupid because they are stupid?

Dan

 

[RicInOR]

This is interesting ... if they can't sue platforms for radicalizing, then can they sue manufacturers?

• In June 2016, Omar Mateen pledged his allegiance to ISIS, entered the Pulse Night Club in Orlando, Fla. and opened fire, killing 49 people and injuring another 53. Can the victims and their family members bring suit under the Anti-Terrorism Act against Twitter, Facebook, and Google for providing the platforms through which Mateen became self-radicalized? Sixth Circuit: "We sympathize with Plaintiffs—they suffered through one of the worst terrorist attacks in American history. 'But not everything is redressable in a court.'"

 

[RicInOR]

follow up Sept 2019

Title is not so compelling but the article is worth the read

Amicus brief on lawsuits against gun manufacturers invokes NY Times v. Sullivan

Courts should stop abusive lawsuits against the First and Second Amendments

reason.com

Remington v. Soto, Remington v. Soto,

 

[ZA_Survivalist]

So cars, phones, eating utensils..etc nearly any manufacturer can be subject to frivolous lawsuits... whoever ruled in that court in favor of this nonsense needs to be disbarred. Its clear political anti gun bias.

No true unbiased partisan judge would even dare rule in favor of this as the manf. Have no control of what the end user does with their product.

I could take a Kershaw knife, slash everyones tires in the neighborhood.. that makes me guilty and responsible.. not Kershaw.

 

[AMT]

So cars, phones, eating utensils..etc nearly any manufacturer can be subject to frivolous lawsuits... whoever ruled in that court in favor of this nonsense needs to be disbarred. Its clear political anti gun bias.

No true unbiased partisan judge would even dare rule in favor of this as the manf. Have no control of what the end user does with their product.

I could take a Kershaw knife, slash everyones tires in the neighborhood.. that makes me guilty and responsible.. not Kershaw.

Unless you (or your attorney) sites this case as precedence. Then it's Kershaw's fault.

I was thinking along this same line as you, if i am ever in an accident. I will keep a copy of this ruling and cite it in my defense. Then i will demand to the judge to dismiss my case and have the plaintiff sue Ford.


This is absolutely absurd. It should be taken to a higher court and overturned.

 

[teflon6string]

So does this mean Ford and Chevy can also be sued when some mentally ill oxygen bandit drives into a crowd?

Or is that different because it doesn't advance the rabid anti-2a agenda?

 

[bbbass]

So does this mean Ford and Chevy can also be sued when some mentally ill oxygen bandit drives into a crowd?

Or is that different because it doesn't advance the rabid anti-2a agenda?

White nationalists don't get to sue, or at least they don't win.

 

[DivCurlGrad72]

This needs to be heard by the US Supreme Court, then summarily dismissed.

I wish ...

Supreme Court Allows Sandy Hook Lawsuit against Gun Manufacturer to Proceed | National Review

The 2012 massacre by a 20-year-old lone male left 20 students and six educators dead at Sandy Hook Elementary School in Newtown, Connecticut.

www.nationalreview.com

 

[Goosebrown]

I guess they forgot about "Protection of Lawful Commerce in Arms Act" which is Federal Law Signed in 2005 By President Bush !

Which has a specific exception written into it for cases *maybe* like his one. It needs to go to court and get defined better. If there are records internally that bushmaster intentionally tried to sell it to underage buyers (through parents buying them for the kids) then under the PLCAA there might be a case.

There's not a case that ARs are too dangerous but there is for marketing practices

This is how laws work. We need to pass this to the Supreme Court when we can

 

[ma96782]

That ruling was overturned today by the higher court.

"The Connecticut high court disagreed on extremely narrow grounds, treating it as a case of illegal advertising."



E

Rrrrright.......

The mother owned the rifle.
The son (Adam Lanza) murdered his mother and took it.
Then he went and shot up a school and murdered some students there.

But, the rifle was advertized to "Adam Lanza"?

Aloha, Mark

 

[ma96782]

My son in the military is a gun safety instructor. He had his guns confiscated by the court because his former spouse expressed a fear of him and his guns, even though they live 11 hours away from each other. She had zero proof! It was totally based on her emotions! Her fabricated fear also allowed a restraining order to be extended without any material evidence of him being a threat, which may cost him his military career because he is non-deployable if this country was to go to war! Yes, the legal system is effed up!

Unfortunately, it happens to many people. Thanks to Bill Clinton. And, you don't even have to live in the same state.

Add in RED FLAG LAWS and the problem expands even more.

Aloha, Mark

 

[ma96782]

Which has a specific exception written into it for cases *maybe* like his one. It needs to go to court and get defined better. If there are records internally that bushmaster intentionally tried to sell it to underage buyers (through parents buying them for the kids) then under the PLCAA there might be a case.

There's not a case that ARs are too dangerous but there is for marketing practices

This is how laws work. We need to pass this to the Supreme Court when we can

As I see it, there is an even bigger problem.....
These stupid lawsuits can bankrupt a company just trying to defend itself. And, in most cases.....there is no way to allow for a recovery of the lawyers fees and associated costs of mounting a defense. The strategy is beneficial only to those stupid people who hate guns with a passion.

Humm......marketing is to blame?
So say that your 18 year old, joins the military just out of HS. Or maybe, you signed the papers when he or she was still in school as a 17 year old. So then...….the Fed Govt should be at risk of a lawsuit if your son or daughter is killed during their military service to the country?

But......the stupidness goes even further. Duh.....the firearm was stolen after a murder had occurred. And so, Bushmaster, Colt, Smith and Wesson, Remington etc.... should be held accountable?

Aloha, Mark

 

[Esam85]

Well the price of Remington's just went up!

Next someone will sue ArmaLite because there AR uses to much ammo!

Wait is this possible I need more ammo

 

[CountryGent]

Man, what a load of crap.

One of my wife's friends was killed by a drunk driver. Who was to blame; the a-hole behind the wheel or Jack Daniels? According to SCOTUS "logic" the latter.

 

[Esam85]

Man, what a load of crap.

One of my wife's friends was killed by a drunk driver. Who was to blame; the a-hole behind the wheel or Jack Daniels? According to SCOTUS "logic" the latter.

It wasn't SCOTUS. It was only Connecticut's court

 

[CRBMoA]

It wasn't SCOTUS. It was only Connecticut's court

QFT (I hope)