Parents of Sandy Hook victims planning lawsuit against gunmaker Bushmaster
Source: The Guardian
Parents of some of the victims of the 2012 school shooting in Sandy Hook, Connecticut, will on Monday announce they are suing Bushmaster, the manufacturer of the gun used by Adam Lanza.
They are working with an attorney who represented Michael Jacksons family in a $1.5bn wrongful death lawsuit against his international concert promoter, and a Democratic lobbyist who worked in the Clinton administration and specialises in taking on major corporations, the Guardian has learned.
Parents of at least 13 of the 20 young children killed in the December 2012 shooting have in the past two weeks opened estates in their names at the regional probate court, a necessary first step in filing a lawsuit over their deaths. Eleven of these sets of parents checked a box specifying that they intended to make a wrongful death claim.
Sunday 14 December, the second anniversary of the killings, also marks the legal deadline for filing a wrongful death lawsuit over the incident in the civil courts. The Hartford Courant reported earlier this week that parents were discussing a legal action against Bushmaster, the North Carolina-based manufacturer of the AR-15 rifle that was used by Lanza.
Read more: http://www.theguardian.com/us-news/2014/dec/13/parents-sandy-hook-victims-lawsuit-gunmaker-bushmaster
VScott
(774 posts)It's the lawyers that are suckering them into this.
Good to see that at least 7 of the parents still have some dignity and
honor not to fall for this bull shit.
Ikonoklast
(23,973 posts)This suit is a non-starter going nowhere.
Might as well sue automakers for deaths caused by drunk drivers.
pasto76
(1,589 posts)and I thought I was cynical. Nevermind all those parents who, in light of Americas(!) apathy need some kind of closure. DO you even believe they were killed or do you believe it was a 'false flag' attack?
the attorneys described in the article probably have plenty of attention already, and probably plenty of bank. NObody is going to take on the manufacturers unless they actually believe gun shit is out of control
GGJohn
(9,951 posts)hack89
(39,171 posts)discntnt_irny_srcsm
(18,482 posts)Anyone suffering an unjust loss would like to find a party to blame and punish them. Vigilantism is illegal.
Retaining an attorney and suing may in some cases may be motivated by the same spirit.
Now and then folks do something that improves the world but mostly they just get angry and rightly so. Megan Kankas parents, Maureen and Richard, got angry, wanted to die and had every reason to feel all of those things.
http://www.nydailynews.com/news/crime/parents-girl-inspired-megan-law-recall-tragedy-article-1.1881551
They found another way to deal with Megan's murder.
I don't have any ideas. I wish I did. That shooting was a terrible loss.
YarnAddict
(1,850 posts)of those precious lives worth?
This is just a stunt. You can't put a dollar amount on anyone's life. Trying to do so just makes a mockery out of the very idea of justice.
Furthermore, no amount of money that the manufacturer's insurance ends up paying is going to hurt the gun manufacturer at all.
Freddie Stubbs
(29,853 posts)Duckhunter935
(16,974 posts)frivolous and I doubt it will go anywhere, lawyers trying to push a tragedy and make a buck
otohara
(24,135 posts)background checks every 3 seconds on the the big shopping day marketed as Black Friday. The bucks come from more gun sales after anytime anyone dares mention what should possibly be done to curtail our MTWTFSS Death problem in our awesome country.
You say frivolous because you want nothing done and blame lawyers when really it's a dozen parents who will grieve for the rest of their lives, reliving the horror of their kids having their limbs shot off.
Even when the parents try to do something/anything and here comes the same old shit talking points. Frivolous and blaming lawyers.
I blame the NRA, wing-gun-nuts and a violent nation bent on continuing our violent past. No solutions America - we can't do shit to save the thousands who get killed each and every year by guns because know it's all so fucking frivolous and many of you like it that way.
Ikonoklast
(23,973 posts)You know, the person actually responsible for those deaths.
Duckhunter935
(16,974 posts)Of course he did not do it, the rifle did it all by itself.
otohara
(24,135 posts)and a society that thinks giving kids guns is a good idea and could care less how many die each year by "rifles"
Can't contemplate shooting the arms of children off unless you have the guns, parents and bucks to do it.
Duckhunter935
(16,974 posts)"rifles". Rifles are the least used of firearms in crime.
It should be an individual decision and in a lot of cases children supervised handling firearms, even rifles can be very safe.
otohara
(24,135 posts)to achieve the same result - DEAD
Is it okay for police to do this or should they use other means when it comes to controlling protesters?
GGJohn
(9,951 posts)branford
(4,462 posts)but the firearms in the photo are not rifles, but rather shotguns, the preferred self-defense tool recommended by Vice-President Biden.
In light of the officers other equipment and posture, as well as the orange-colored fore-end on the weapons, the shotguns are also almost definitively loaded with less-than-lethal munitions for the safety of the protesters and officers.
FYI, see http://policemarksman.com/2013/09/10/bullseye-the-less%E2%80%90lethal-shotgun/
Duckhunter935
(16,974 posts)who said it was?
LanternWaste
(37,748 posts)"Of course he did not do it, the rifle did it all by itself."
No more and less than "of course the firearm had no relevance... the shooter did it with his bare hands.
Six of one, half a dozen of the other.
Adrahil
(13,340 posts)It cannot form intent. If I load a gun and stick it in my gun safe, it will stay there pretty much forever. It won't shoot anyone. Ever. It cannot make decisions. It cannot act on its own.
OTOH, a person with murderous intent can choose any number of tools to get the job done. You can arbitrarily decide where to draw the line at the efficiency of killing tools. But the line IS arbitrary, and if you do, you may well just wind up chasing that line as happened in Britain, where a man was put in JAIL for bringing a .22LR round he found in his garden to a police station. All in the name of public safety doncha know.
otohara
(24,135 posts)for our complicity in our policies that allows any nutcase to purchase hoards of guns.
We just let the killing continue - who's fault is that?
Duckhunter935
(16,974 posts)prove that statement or apologize. You are just plain wrong. They will not get anywhere with this because it was a legal AWB compliant rifle that was legally purchased and background check was completed upon purchase. The rifle was stolen from the legal owner when the criminal son killed his mother.
I am all for universal background checks. As you know this was done in this case. Connecticut also continued the AWB as state law when the federal law expired.
So what should be the reason for going after the manufacturer? They are not liable for crimes committed with a product just as a car manufacturer is not liable for damages done by a stolen vehicle used in a criminal act.
GGJohn
(9,951 posts)Very revealing.
Response to GGJohn (Reply #35)
otohara This message was self-deleted by its author.
Adrahil
(13,340 posts)While we're at it, let's sue Ford too!
Response to Adrahil (Reply #335)
otohara This message was self-deleted by its author.
hack89
(39,171 posts)they have never been sued for not having a design feature that was not required by state or federal law.
That is the issue here - the gun manufacturer has not only not broken any laws but their rifle complied with one of the most stringent AWBs in the country.
Response to hack89 (Reply #342)
otohara This message was self-deleted by its author.
hack89
(39,171 posts)the state of CT decided that an AR-15 absent certain cosmetic features was not an "assault weapon".
Response to hack89 (Reply #347)
otohara This message was self-deleted by its author.
hack89
(39,171 posts)for all the talk about military style weapons, strip away all the plastic furniture and all you have is a semiautomatic rifle. Semiautomatic rifles are very old technology that have been available to civilians for nearly a century.
Caliber of bullet and rate of fire are all that matters when talking about lethality. There is nothing unique about military style rifles that allow a bright line to be drawn between military and civilian rifles. There are plenty of non-military rifles out there that are just as lethal as an AR-15.
We got to this point because of a deliberate choice by gun control advocates in the 1990s when they were pushing the first assault weapon ban. They decided to blur the lines between fully automatic military rifles and semiautomatic civilian models to create a moral panic and get the AWB passed. The AWB would then be the first step in getting stricter laws regulating handguns. But the law was so poorly written (because "assault weapon" was a made up term with no actual technical meaning) because they didn't want a blanket ban on all semiautomatic rifles (only the evil military ones). Since the only difference was cosmetic features, the ban was simply a list of banned cosmetic features. The gun manufacturers simply removed those features and kept on selling AR-15s.
Adrahil
(13,340 posts)And you should certainly be able to sue for a design flaw that makes an accidental shooting possible (as opposed to a negligent discharge). But the idea of blaming the maker of an inanimate object for a person's BEHAVIOR is ludicrous.
RoccoR5955
(12,471 posts)We already have too many guns, and too much violence in society today. When a company like this uses this in its advertising to promote killing, they should be held responsible for the repercussions of said advertising.
hack89
(39,171 posts)RoccoR5955
(12,471 posts)See my link in comment 16.
bobclark86
(1,415 posts)Yes, that's a real Bushmaster advertising campaign. You're not a "MAY-YUN!" unless you have a fancy piece of plastic and aluminum (yes, that means George Washington, Robert E. Lee, John L. Sullivan and Teddy Roosevelt weren't men).
hack89
(39,171 posts)Don't think so. Beside a woman purchased and owned the rifle used at Sandy Hook
bobclark86
(1,415 posts)Because that's their biggest ad campaign in years, so if it's not that, then your buddy (the poster you commented on) is full of crap.
Stupid ads? Yup. Insensitive and misogynistic? Yuppers. Mass murder? Not so much.
calimary
(81,440 posts)Yep, sure kept her safe, by cracky!
GGJohn
(9,951 posts)No, they don't and if these parents are listening to these attorneys telling them that they can successfully sue Bushmaster for the criminal misuse of their product, then shame on those lawyers.
Hoyt
(54,770 posts)They ain't promoting peace on earth.
GGJohn
(9,951 posts)calimary
(81,440 posts)It's like the car commercials or the beer party commercials, or even the damn Viagra commercials with the sexy undulating woman. They don't say it outright. But the message is - buy this (car, booze, med) and you can fuck this girl! That's ALL any ads promote. Buy this and you'll fill-in-the-blank-here to alleviate your own inadequacy. You'll get laid, you'll get thin, you'll get rich, you'll get popular, you'll get girls, you'll get sex appeal, you'll get safe, you'll get security, YOU will be the alpha, etc etc etc. That's all ads do. My dad was a salesman. I learned it at his knee. That was ALWAYS the message. It's never just simplistic. There's always a loaded insinuation in there. It's never just about - buy this, just to buy it and shell out some money for it. There is always an ulterior message - buy this and you'll get ______ . Or you'll be ______ . There's always an implied cause-and-effect. Why do you think every calendar hanging in any mechanic's garage, promoting whatever tool or carburetor or spark plug - is loaded with sexy girls? There's a subliminal message. Buy this and you'll REALLY get that. Whatever the "that" is.
I'm certain Mom in that case thought she'd be reeeeeeeeaaaal safe, and reeeeeeeal badass if she had that Bushmaster. Nobody'll mess with MOI!!! Nobody will be the boss of ME!!!!
Unfortunately, when it's guns that are being advertised, what else is to be done with them but shooting someone? Guns, okay? Does one clean silver with them? Does one do laundry with them? Are they economical at the gas pump? Do you take one and your headache goes away? Or your arthritis? Well, maybe your erectile dysfunction, but that wouldn't apply to her anyway. Do they taste good - and make good gravy? Do you serve them with beef, poultry, or fish? Do they insure your car for less? Guns. Okay? They're designed to shoot, and damage or maim or disable or kill. They're not designed to fire confetti, okay? I once had them described to me by a gun store owner as "an attitude adjustment device." They're a weapon. An OFFENSIVE weapon. She probably felt they'd make her safe. For her, evidently, they were designed to shoot somebody. Presumably some imaginary boogie man. Hell, she LIVED with the boogie man! She birthed him and brought him up! And probably never dreamed that he'd ever be "that" bad. Naaah, s'not gonna happen.
How many times have I heard, coming out of cocky and self-satisfied and complacent mouths - "s'not gonna happen." And despite those rock-solid confident assurances to the contrary, it invariably DOES.
GGJohn
(9,951 posts)I use mine to hunt, kill predators attacking my livestock, target shooting, etc.
And if you think Bushmaster can be sued for the criminal misuse of their product, I leave you to read this:
http://en.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act
stone space
(6,498 posts)hack89
(39,171 posts)Like the vast majority of gun owners.
stone space
(6,498 posts)...stupid thing for her to do, wasn't it?
Duckhunter935
(16,974 posts)FIREARMS
Taken to Sandy Hook Elementary:
Izhmash Saiga 12-gauge semiautomatic shotgun
Bushmaster Model XM15-E2S .223-caliber semiautomatic rifle
Glock 20 10mm semiautomatic handgun
Sig Sauer P226 9mm semiautomatic handgun
Found in Lanza Home:
Savage Mark II bolt-action .22-caliber rifle
Enfield Albian bolt-action .323-caliber rifle
Volcanic .22-caliber starter pistol
http://csgv.org/blog/2013/adam-lanza-took-didnt-take-sandy-hook-elementary/
3 rifles of different calibers and type, 1 shotgun, 2 pistols different caliber and size
Not an arsenal but differing weapons used different purposes and target shooting.
GGJohn
(9,951 posts)Maybe.
BTW, what do you consider an arsenal?
stone space
(6,498 posts)I'm not sure that her hindsight did her much good, however.
A little foresight would have worked better.
GGJohn
(9,951 posts)probably wasn't a good idea having those firearms in the house with a mentally troubled son.
hack89
(39,171 posts)but that has absolutely nothing to do with gun makers advertising.
I certainly don't own guns because of advertising.
GGJohn
(9,951 posts)Duckhunter935
(16,974 posts)stone space
(6,498 posts)...and not even bat an eye.
beevul
(12,194 posts)stone space
(6,498 posts)beevul
(12,194 posts)It only *offends* people that don't like guns, with prejudice.
And that particular demographic, among whos numbers you surely count yourself, is a tiny, ineffectual, sliver of the bigger pie.
In simpler terms, just to make sure you understand, stony, people that don't like guns with prejudice, the sort that are *OFFENDED* by that AD, are nowhere near being anything that could be accurately described as "mainstream".
The *mainstream* view of that ad, is this:
stone space
(6,498 posts)But I'd be happy to start a OP on the ad with a poll attached if you would like.
branford
(4,462 posts)is not in any way indicative of what is considered mainstream in American culture, regardless of the issue.
Such a poll may be interesting and provoke discussion, but it most certainly is not remotely scientific or determinate of whether something is mainstream or not in the USA. Mainstream is not defined as that which agrees with a majority of voters on a poll on DU.
However, if you believe such a poll would be valuable, I encourage you to post. However, I would recommend it be posted in the GC & RKBA Sub-Forum to comply with DU rules concerning firearm posts in LBN and GD.
Duckhunter935
(16,974 posts)and they will get the results they so want.
beevul
(12,194 posts)And after it runs a while, and its results are nowhere near lop sided, I'll make sure to remember to point out to you that:
DU is not representative the political mainstream where that ad would be better received.
If you can't get a huge lopsided result here on DU, you wont anywhere.
In short:
Support for gun rights is at an all time high, and you want to poll DU about whether an advertisement is offensive or not, and intend to "represent" the results in some way to imply that they're representative of mainstream America?
PUH-LEEZ
GGJohn
(9,951 posts)This is a frivilous lawsuit that will never see the light of day.
http://en.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act
RoccoR5955
(12,471 posts)Here's a link: http://bit.ly/1wN2Ifi
was it that hard?
Duckhunter935
(16,974 posts)since Bushmaster did not produce or endorse those private videos.
You are so reaching it is becoming crazy
RoccoR5955
(12,471 posts)they would have made people take them down.
Duckhunter935
(16,974 posts)just like any other review or video out there, manufactures do not care one way or the other. Not all reviews make the product look good.
GGJohn
(9,951 posts)Where is Bushmaster promoting the shooting of people? Those videos aren't even produced or endorsed by Bushmaster.
http://en.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act
Once again, this would be a frivilous lawsuit that won't even make it onto the docket.
Duckhunter935
(16,974 posts)I guess they think private YouTube videos are produced by the manufacturer.
RoccoR5955
(12,471 posts)that a product misrepresents its product, it can have Google take it down.
They did not do this, which implies that they are endorsing the videos. I will admit that it is a tacit endorsement, but it is one none the less.
GGJohn
(9,951 posts)NoJusticeNoPeace
(5,018 posts)GGJohn
(9,951 posts)The criminal misuse of their product?
So if a vehicle is used in a criminal act, the manufactrurer of that vehicle can be sued and bankrupted?
For producing a product whose only purpose it to KILL!
The main purpose of a gun is to kill. The main purpose of an assault rifle is to kill people. Another word for "to kill people," is MURDER.
Therefore, they produce merchandise whose main purpose is murder.
GGJohn
(9,951 posts)The law is crystal clear and my analogy is the exact same thing.
Ford can't be sued because someone got drunk and killed a bunch of people while driving a Ford.
Same with Bushmaster, they make a perfectly legal product, following all Federal, State laws, so they're not liable for the criminal misuse of their legal product.
There won't be any trial, there won't be any judgement against Bushmaster, this lawsuit won't even see the inside of a courtroom.
RoccoR5955
(12,471 posts)I guess if you are a lawyer, you would know better than I do.
If you are not, you are probably parroting some NRA line.
I can dream though.
GGJohn
(9,951 posts)but the law is crystal clear on this.
http://en.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act
RoccoR5955
(12,471 posts)You seem to be a lawyer, and I am not.
You don't seem to understand my logic though. The product's primary function is to kill people. My argument is that if its main purpose is to murder someone, and you use it to commit the crime of murder, than not only is the perpetrator of the crime responsible, but the company who provided the means of that murder is responsible.
Either that, or you have been so properly indoctrinated into the NRA politics, that you will never ever understand a different point of view.
branford
(4,462 posts)Last edited Sat Dec 13, 2014, 07:46 PM - Edit history (1)
Ownership and use of firearms is a constitutionally guaranteed right, regardless of you opinion of the jurisprudence. Most states also have their own Second Amendment analogs. You cannot effectively render a right moot through executive or administrative action or tort law.
I would additionally note that even assuming your your description of firearms is accurate (which it is not), not all killing done by firearms is unlawful, nor "murder." Utilizing a firearm in self-defense is a perfectly justified, often laudable, purpose.
Duckhunter935
(16,974 posts)branford
(4,462 posts)and I do not see any way for the plaintiffs to overcome the PLCAA.
Moreover, even without the PLCAA, I've seen nothing to indicate any legally-recognized negligence on the part of the manufacturer (see my post #96).
I would note that one of the reasons why the PLCAA was passed was due to the strategy by gun control advocates try to do an end-run around the Constitution by de facto outlawing guns through the courts or executive action by finding them somehow "inherently dangerous" despite the fact that they work exactly as intended and are not defective and/or bankrupting manufacturers and dealers by forcing them to defend multitudes of frivolous lawsuits, or appeals in areas where juries were unsympathetic to firearms. Note that the PLCAA does not provide any protection for firearms that are actually defectively designed or manufactured.
Gothmog
(145,489 posts)The plaintiffs attorney is suing under a negligent entrustment theory based on this exemption
branford
(4,462 posts)The plaintiffs had to allege an exception to the PLCAA act as well as commence an action before the expiration of the statute of limitations. If I were them and committed to capitalizing on Sandy Hook before it was too late, I, too, might have tried such a Hail Mary theory (although it would probably be sanctionable if the case was in federal court).
Professor Volokh at the Washington Post excellently explains why the both the theory and case is extremely unlikely to succeed.
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/12/16/lawsuit-filed-against-gun-manufacturers-and-dealers-over-sandy-hook-murders/
Moreover, as I explained in other posts, even without the PLCAA, I do not see how the plaintiffs can establish negligence. The best analogy would be suing the car manufacturer or dealer if Lanza stole his mothers car after he killed her, rather than her firearms, and then ran over the children. Such a case would be laughable.
Duckhunter935
(16,974 posts)YarnAddict
(1,850 posts)that if there is a judgment against them their insurance company will pay, and it won't hurt the manufacturer at all, right?
X_Digger
(18,585 posts)In order to have a snowball's chance in hell of.. you know.. actually winning a lawsuit, you'd have to have a compelling argument.
Saying, "Whaa, I don't like your ads!"? Ain't it.
RoccoR5955
(12,471 posts)That the primary use of the product is murder. Murder is illegal, so the company, as well as the perpetrator of the crime, should be held accountable.
You certainly seem well indoctrinated into the NRA propaganda, or are you just trolling me for fun?
Duckhunter935
(16,974 posts)The primary purpose is to strike a primer in a cartridge to fire a bullet out the barrel. It does this well with no defect. Murder has nothing to do with the weapon, it is who operated the weapon in a certain fashion that murder comes into play.
Not NRA propaganda, just facts. I know you are well indoctrinated in the MAIG, Bloomberg propaganda though.
X_Digger
(18,585 posts).. then target shooting, then hunting, then a lump of use in crime.
Even of the uses in crime, the vast majority of *those* are not to actually shoot someone, much less murder.
http://www.bjs.gov/content/guns.cfm
I seem well indoctrinated in facts, rather than hyperbolic blather.
abe1976
(1 post)The I will agree with you that the original intent of the ar-15 is a battle rifle a firearm made for offense and defense. But so we're knives clubs and pointy sticks were also made as killing instruments. So if I stab someone should the knife manufacturer be responsible? If I stab someone with a pointy stick the person that grew the tree that I made the pointy stick out of should be held responsible?
TeamPooka
(24,250 posts)other uses.
Guns don't.
But thanks for signing up here and enjoy your stay, however brief it may wind up.
hack89
(39,171 posts)ok.
TeamPooka
(24,250 posts)hack89
(39,171 posts)even though they kill many more people than assault weapons. Just trying to figure out what your actual agenda is - I think you made that clear to all.
TeamPooka
(24,250 posts)weapons" because you need to cheat at this debate in order to try to win.
Cheaters never win.
Especially in an intellectual debate.
Try to stick to what the other person actually said when you rebut or respond.
Hack is a very correct application of your screen name.
hack89
(39,171 posts)because in your mind, potential other uses negates their potential use as weapons. Hence my question.
I would also point out that the most common use of the rifle is more important. And the vast majority of gun owners do not own rifles to kill people. I use mine for competitive target shooting - the AR-15 platform is the most popular target shooting rifle in America. Given how few people are killed with AR-15s, you are not going to be able to argue that they do not have other uses besides killing people. Just like knives.
TeamPooka
(24,250 posts)BTW, this is why your a bad debater.
You claim "Given how few people are killed with AR-15s" in a thread about Sandy Hook where that gun killed 26 people including 20 kids in about 5 minutes.
Smart fucking debater you.
#clueless
#tonedeaf
#abouttobeblocked
hack89
(39,171 posts)How much does Wayne pay you?
hack89
(39,171 posts)are you always this sensitive when people dare to disagree with you?
beevul
(12,194 posts)"BTW, this is why your a bad debater."
Immediately following you making a penis comment.
You just cant make this shit up.
GGJohn
(9,951 posts)I just don't get it.
beevul
(12,194 posts)Lurks Often
(5,455 posts)Can't sue the gun makers they are exempt from being sued if their product is used in a crime
http://en.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act
They are NOT exempt in cases resulting from defective products, breach of contract, criminal misconduct, and other actions for which they are directly responsible.
I only hope that the families aren't paying these parasites pretending to be ethical lawyers because they are wasting their money if they are paying them.
bobclark86
(1,415 posts)But you're right, this case won't go anywhere...
15 U.S. Code Chapter 105
Case dismissed. Is it a stupid law? Yeah. But it's the law.
vkkv
(3,384 posts)I don't think that Bushmaster sells any guns directly to the public, but only through a distributor / retailer. Maybe N. Carolina law is different than Calif. law.
Drunk drivers can apparently sue bars that over-serve them alcoholic drinks like Absolut vodka, but no one is suing the vodka maker over a DUI man-slaughter conviction.
hack89
(39,171 posts)Doctor_J
(36,392 posts)God bless capitalism
NoJusticeNoPeace
(5,018 posts)Mostly the NRA execs, not the members or not all of them.
RoccoR5955
(12,471 posts)who would be there.... Some of them troll around here.
ColesCountyDem
(6,943 posts)bluestateguy
(44,173 posts)And after endless rounds of hearings, appeals, periods of discovery, depositions and more appeals, all they will have to show for it are piles of piles from law firms and not a cent from the gun manufacturer.
If they want to sue somebody, sue the Lanza's: a well to do family that neglected their son's destructive personality.
branford
(4,462 posts)Given the implied claims and residence of the parties, I assume any action will be filed in federal court. These courts maintain strict and enforced scheduling guidelines. Moreover, since the manufacturers are immune to such lawsuits by the PLCAA, the defendants will immediately file a motion to dismiss, which I assume will be granted in short order. There will be no hearings, discovery, depositions or anything else. Any appeal will be similarly short in duration and near certain in result.
A lawsuit against the Lanza's will be also be useless and futile. Adam and his mother's estate are virtually worthless. More importantly, his mother appears to followed all applicable law, and Adam Lanza actually murdered her to procure the weapons. In any event, Adam was a legal adult, and not subject to any guardianship or similar orders. Unless it can be proven that anyone knew what Adam planned and had a legal or fiduciary duty to warn anyone, I do not see how there could be any negligence as a matter of law.
Jefferson23
(30,099 posts)Connecticut and else where.
Case News:
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The jury in the bat-attack civil trial of Jose Offerman has awarded the plaintiff, former Bridgeport Bluefish catcher Johnathan Nathans, $940,000 in damages. The verdict in the federal case was returned at about 4 p.m. Tuesday, after the jury of seven deliberated for about five hours. Read more
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A new Connecticut Supreme Court ruling is adding to the debate on whether gay marriage rights should be applied retroactively and qualify same-sex couples for rights and benefits for which they weren't entitled before state laws allowed them to marry. read more
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Senior partner at Koskoff, Koskoff & Bieder, Michael Koskoff the law firm who represented Stacey, said the court's decision was based off the fact that... read more
http://www.koskoff.com/
Great to hear they're involved. K&R
Duckhunter935
(16,974 posts)liable in this case, it seems quite unlike the others you stated.
I am sure the firm is taking this for no cost right? Any money should go to compensate the families of the dead children and the lawyers should agree to take no fees.
Jefferson23
(30,099 posts)what their agreement is regarding compensation...that is decided early on.
This firm has a reputation for pro bono advocacy for the indigent and they also
do not like bad rogue cops..they have gone after Ct's prison system too more than
once..and they succeed more often than not.
GGJohn
(9,951 posts)They would have to prove that there was a design flaw, the manufacturer committed a criminal act, an employee of Bushmaster committed a criminal act, the dealer was negligent or committed a criminal act in selling the weapon to his mother.
So far, I see nothing done illegally by Bushmaster or the dealer.
I'll bet dollars to donuts that this lawsuit doesn't even make it on the docket, no matter how good these lawyers are.
Jefferson23
(30,099 posts)I stand by what I said about this firm, don't under estimate them. I would not
presume what they're goals and objectives are, either.
Michael Koskoff
The lawyer as instrument for social change:
http://www.koskoff.com/In-the-News/The-Lawyer-as-Instrument-for-Social-Change.pdf
GGJohn
(9,951 posts)Bushmaster didn't do anything wrong or illegal, this lawsuit will be dimissed.
Jefferson23
(30,099 posts)GGJohn
(9,951 posts)http://en.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act
The law is crystal clear on this, that's why this frivilous lawsuit will be dismissed.
Several cities tried the same thing several years ago, all those lawsuits were dismissed also.
Jefferson23
(30,099 posts)Koskoff..they have no history of frivolous lawsuits btw. As I said, it is not known
what their goals and objectives are.
Duckhunter935
(16,974 posts)If must be very simple and clear to you.
Jefferson23
(30,099 posts)stated what they feel is the liability of Bushmaster...that will become known, eventually.
How many times does this have to be stated for you?
Duckhunter935
(16,974 posts)It is just interesting that they or you so far are unable to express what grounds they have to sue other than to garner publicity. I expect when it gets dismissed, they will cry very big tears as they lose that commission they are look forward to.
Jefferson23
(30,099 posts)You have to wait..something that appears elusive to you. They have no history of
frivolous lawsuits..quite the contrary. So yes, you're uninformed, willfully so it appears.
Duckhunter935
(16,974 posts)ripcord
(5,507 posts)Jefferson23
(30,099 posts)Each case is different.
BuddhaGirl
(3,609 posts)This is good to hear
Hopefully this lawsuit will at least bring much-need attention to our ridiculous gun-nut culture...it's sick
Jefferson23
(30,099 posts)NoJusticeNoPeace
(5,018 posts)GGJohn
(9,951 posts)blkmusclmachine
(16,149 posts)RoccoR5955
(12,471 posts)But unfortunately, they legally bribe most of our lawmakers.
stone space
(6,498 posts)BuddhaGirl
(3,609 posts)for fucking murdering people, in "personal defense"
Ikonoklast
(23,973 posts)NoJusticeNoPeace
(5,018 posts)GGJohn
(9,951 posts)Paladin
(28,271 posts)Abundant proof of this unfortunate mindset is available on a daily basis, down in DU's Gun Control & RKBA group. Check out the next photo of open carry morons you see---how many Winchester Model 70's do you see being exhibited? How many sporting-configured (as opposed to the militarized, bells & whistles sniper model) Remington Model 700's are on display? We're talking toys here, not grown-up objects.
Adrahil
(13,340 posts)That doesn't mean that a firearm is not a legitimate self-defense tool.
You may not approve, but the right of self-defense is the most basic human right, and frankly, these days I don't trust the police to arrest a jay-walker without shooting an innocent person.
Duckhunter935
(16,974 posts)and do not try and confuse the two. It is a weapon and should be treated as such. Toys should not even look like that and at the least be brightly colored and at no time should the orange tip be removed.
BuddhaGirl
(3,609 posts)that they exist in our society.
Too many gun fetishists in our society...ugh.
NoJusticeNoPeace
(5,018 posts)GGJohn
(9,951 posts)It functions the exact same way as my .22 semi auto rifle.
Duckhunter935
(16,974 posts)all that black plastic around an ordinary semi-automatic rifle like this one.
Duckhunter935
(16,974 posts)Modular system so you can have one rifle that can be configured for many differing purposes.
stone space
(6,498 posts)Duckhunter935
(16,974 posts)Paladin
(28,271 posts)...the next time some psycho uses a toaster to turn an elementary school into a slaughterhouse.....
hack89
(39,171 posts)Is that your desire?
beevul
(12,194 posts)But trust them, they only want a conversation about reasonable commonsense gun safety laws.
Adrahil
(13,340 posts)Lots lots more than die due to guns.
"But guns are a designed to kill!" Completely irrelevant to the dead.
grahamhgreen
(15,741 posts)hack89
(39,171 posts)I would imagine.
Duckhunter935
(16,974 posts)NoJusticeNoPeace
(5,018 posts)hack89
(39,171 posts)Try sueing Coors and Ford when a drunk driver kills your loved one.
Hoyt
(54,770 posts)hack89
(39,171 posts)If bars sell to obviously drunk people who then kill someone then they can be liable. If a gun dealer sells to someone who is not legally entitled to buy a gun then they can be liable.
Bushmaster did not directly sell the gun to Nancy Lanza so how can they held liable for her actions? Especially since she was murdered for her gun?
Hoyt
(54,770 posts)what they were doing.
That still doesn't make them liable for the criminal misuse of their legally manufactured product.
Whether you like it or not, the law is very clear on this.
hack89
(39,171 posts)It would appear that the vast majority of Bushmaster owners are not so excited to the point of actually killing someone.
Hoyt
(54,770 posts)one of their other weapons, like a pistol, to kill, wound, or intimidate.
friendly_iconoclast
(15,333 posts)If you can demonstrate this, by all means do so.
Not that you'll be able to:
http://www.democraticunderground.com/1172155609
http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2013/crime-in-the-u.s.-2013
hack89
(39,171 posts)has there been such an increase in the past two decades that ARs have exploded in popularity and numbers?
Hoyt
(54,770 posts)hack89
(39,171 posts)so perhaps your fears are misplaced.
It is the criminals illegally obtaining handguns that should concern you - they are the people doing the killing.
Hoyt
(54,770 posts)them to their bodies before walking down a city street.
Almost every gun that ends up in a criminals hands, started with one of your gun buddies.
hack89
(39,171 posts)so I don't understand your fears.
Hoyt
(54,770 posts)GGJohn
(9,951 posts)hack89
(39,171 posts)That's a new one.
Duckhunter935
(16,974 posts)not the manufacturer of a legal product. Do they also sue the alcohol maker or the car maker when there is no defect?
Hoyt
(54,770 posts)GGJohn
(9,951 posts)Really reaching there dude.
friendly_iconoclast
(15,333 posts)They tend to be the sort of people who look for Satanic messages hidden in music
Hoyt
(54,770 posts)Metal music is not my thing.
friendly_iconoclast
(15,333 posts)Duckhunter935
(16,974 posts)and I do not have a gun strapped to my body when I go out the door. Most of the time they are locked in the safe. I take them out at times to shoot paper plates and cans though.
beevul
(12,194 posts)"Metal music is not my thing. "
Nobodys perfect.
malokvale77
(4,879 posts)the affluenza defense in Texas.
GGJohn
(9,951 posts)malokvale77
(4,879 posts)Affluenza is not a legally recognized condition. It just happened to work. A clever lawyer can work wonders.
GGJohn
(9,951 posts)the law is crystal clear that the manufacturers cannot be sued because their product was used in a criminal way.
This lawsuit will be shown the door before it sees the insides of a courtroom, especially a Federal Courtroom.
malokvale77
(4,879 posts)the law is never crystal clear.
Second of all, my post was meant as humor. Geez.
GGJohn
(9,951 posts)I guess I've been arguing this too damn much to realize it was humor.
Sorry about that.
malokvale77
(4,879 posts)Few, outside a close circle of friends and family, understand my humor.
I sometimes forget that. My bad.
branford
(4,462 posts)and the affluenza only involved sentencing, rather than a actual defense. To compare it to the case described in the OP is ridiculous.
The lawsuit will in all likelihood be promptly dismissed because the law is very clear and has already been tested. The real battle will occur in the appellate courts. However, such a partisan frontal assault on the PLCAA and related product liability jurisprudence has virtually no chance of success, particularly with a conservative Supreme Court, Republican Congress, ever increasing polling supporting gun rights, and the fact that the technologies that appear to underlie the plaintiffs' legal theories are in their infancy.
malokvale77
(4,879 posts)Do you understand humor?
friendly_iconoclast
(15,333 posts)...and it hasn't gotten any less ludicrous:
sir pball
(4,758 posts)Including a couple of truly mil-spec gunz?
Sitting on my bike and dropping it from neutral into first. The machine shudders a little and the engine growls against the tranny drag, my vision tightens, heart slows, focus and purity. I read the intro for the new BMW sport bike in this month's Cycle World, saw that the test editor was able to lean it to 57 degrees on stock tires, and almost got sexually excited. Hell, I'll admit I'm definitely more dangerous when I ride than when I used to carry.
Just because evil black rifles get some people wound up, doesn't mean everybody gets wound up over evil black rifles. And frankly, even though those that do do get me creeped out, if they were as a whole a violent group we'd have it a lot worse than we do now..
Hoyt
(54,770 posts)GGJohn
(9,951 posts)sir pball
(4,758 posts)Here's an ad that gets my juices flowing:
My "man card" ain't got fuck all to do with a gun; I can ride the wheels off a bike in the morning, go sweat four turns of the dining room on the 116˚ sauté station after doing an afternoon of chef-prep, and then make my wife wake the neighbors. All in NYC with those 39 guns locked in their safes, in a unit in Florida, 1900 miles away. What part of that do you not understand?
That being said, I appreciate some seriously criminal recklessness, just not with firearms.
Hoyt
(54,770 posts)sir pball
(4,758 posts)What's wrong with a Savage 99 or a nice walnut-stocked ebony-capped .243 bolt-action? Frankly, I'd collect bikes but rifles are about 1/20 the price.
Do you really not understand that while I will cheerfully admit to owning lots of guns, and I enjoy shooting them, and I giddily love being a hypermasculine, almost-criminally-fast-riding, hard-drinking son of a bitch, that my firearms are literally the least useful or important thing to me? I'd happily sacrifice them all to keep my bike which is worth about 1/3 what my GUNZ GUNZ GUNZ are worth. And with which I can kill a family of at most 6 if I'm lucky and plow their minivan at the end of a straight.
GGJohn
(9,951 posts)however, my thing has always been this:
Funny Cars and Top Fuel.
sir pball
(4,758 posts)I personally prefer vehicles that can turn, but Schumacher's dragster literally, physically, beating the breath from my chest when he revved was an experience I'll never forget.
At least they run on closed tracks though
GGJohn
(9,951 posts)Last edited Sun Dec 14, 2014, 03:31 AM - Edit history (2)
as the cars were staged, and when they used to pour gasoline in front of the rear slicks for the burnout.
There's nothing like the smell of Nitro-Methane when it goes up in flames on the burnout.
I was actually at, I believe, Orange County Raceway when the Chi-Town Hustler Funny Car blew it's blower and the body went into about a thousand pieces, I've still got a piece of the body too this day.
?zz=1
sir pball
(4,758 posts)One of my dad's doctor's assistants was a marshal, she got us in to stand under the booth at the start. Just at Lebanon Valley before the rebuild, all gas and nothing exotic, but even then they shake like nothing else at ten feet.
GGJohn
(9,951 posts)Good times.
Duckhunter935
(16,974 posts)going to get someone killed. I do not agree with that on public streets and highways.
EX500rider
(10,849 posts)Duckhunter935
(16,974 posts)causing an accident and other vehicles are involved. Amazing how multiple vehicle accidents can kill people.
KinMd
(966 posts)Daniel Williams, a 16-year-old high school basketball star, was shot and badly injured while practicing outside of his home in Buffalo, N.Y. In October, a New York appeals court did something fairly remarkable. It let Williams proceed with a lawsuit against the maker and seller of the gun that that was used to shoot him.
Letting a lawsuit go forward may not sound like a big deal, but Congress enacted a law in 2005 under heavy lobbying from the NRA and the gun industry that gives gun manufacturers and dealers broad immunity from being sued. The Protection of Lawful Commerce in Arms Act (PLCAA) shields the gun industry even when it makes guns that are unnecessarily dangerous and sells them recklessly.
http://ideas.time.com/2012/12/24/why-is-congress-protecting-the-gun-industry/
Duckhunter935
(16,974 posts)the people are suing the dealer not the manufacturer. I am sure they will include the dealer in the suit but they do not have the deep pockets that I am sure the lawyers are looking for.
KinMd
(966 posts)wouldn't suing the dealer be like suing a liquor store who sold a case of beer to a sober adult, who got drunk later and ran his car into someone? Now I have never owned a gun, but if the government says it's legal, and you sell it, following the law, hard to see how the dealer is responsible.
GGJohn
(9,951 posts)Nancy Lansa passed all the requirements for purchasing those firearms, the Bushmaster was CT AWB compliant, they were stored according to CT law.
Duckhunter935
(16,974 posts)that is why it is a frivolous lawsuit.
branford
(4,462 posts)If the suit is against the manufacturer as described in the article, it will be promptly dismissed under the PLCAA.
The case is simply meant to garner publicity, and then when inevitably dismissed, for the activists to use as a reason why the law should be changed. Given recent poor polling concerning public support for gun control, I expect such lobbying, particularly with a Republican controlled Congress, to be DOA.
As an attorney, unless I see some VERY novel pleading, the complaint appears entirely frivolous. If so, I hope the lawyers are appropriately sanctioned in an amount no less than the defendants legal fees. Courts are not the venue for such a crass political stunt.
In any event, even without the PLCAA, I do not see how the gun manufacturer is liable. The guns used by Lanza were not defectively designed or manufactured, they fully complied with CT's assault weapons ban standards and other applicable laws, were procured lawfully by his his mother in the normal course of commerce, and then intentionally used in a criminal manner, including Lanza's procuring the weapons through the murder of the lawful owner and purchaser, his mother.
The gun manufacturers and dealers should no more be liable for the criminal misuse of their products than car manufacturers and dealers would be liable if Lanza stole his mother's car and ran over the schoolchildren.
Duckhunter935
(16,974 posts)Well said
Blue_Tires
(55,445 posts)after airliner crashes; even in instances where the airframe or engines had anything to do with the crash...
United, American, Boeing, the Massachusetts Port Authority and several other entities with even the slightest involvement with 9-11 were all sued...
Obviously they don't have immunity codified into law like the gun manufacturers do...
Duckhunter935
(16,974 posts)an effort against them of suing to deliberately put them out of a legal business?
branford
(4,462 posts)in the event of a crash, terrorist attack, accident and similar circumstances. It's a detailed and complex area of practice. Additionally, it's not uncommon for companies, or really their insurers, to settle cases even when they do not believe they are at fault, simply because the costs of litigation are so immense, particularly in airline related mishaps. It's an unfortunate reality that I deal I'm regularly forced to confront with my own clients.
In fact, prior to the PLCAA, it was the express strategy of many groups and municipalities of forcing firearm manufacturers to engage in costly legal battles, even if the claims were wholly frivolous, often hoping that sympathetic juries wouldn't care about the actual law. Firearms manufacturers, many of whom are relatively small companies, were forced to expend significant resources for usually successful appeals in these instances. These types of cases are called SLAPP lawsuits, and are a a problem in areas besides guns.
Arguing that some companies resolve claims when they are not liable is not a convincing argument against the PLCAA. Rather, it counsels for more legislation against SLAPP lawsuits and related claims applied to other industries. Vaccine manufacturers, fast food restaurants and some other areas are already protected is some manner in certain local and state jurisdictions.
Jefferson23
(30,099 posts)Perhaps the worst part of the arms act is that it creates a disincentive for gun companies to incorporate safety mechanisms that are available to prevent guns from being used by any one other than the permit holder. Everyone agrees that there is a rampant problem with guns falling into the hands of people other than the permit holder
Just as car lovers continue to love cars despite air bags and seat belts, gun lovers will continue to love guns with this technology. Unfortunately, the gun industry sees no financial reason to incorporate these safety devices, given the laws unique protection. They believe themselves largely immune from product liability lawsuits, unlike car manufacturers. So why would they invest in safety features that would make their products marginally more expensive and possibly affect sales?
We should not forget, however, that there is no safe gun when it is in the wrong hands. The technology exists to prevent the use of guns by other than the authorized user, but gun manufacturers have not applied it. Manufacturers should answer for this inherent flaw and litigants and the legal community need to continually test the limits of the 2005 arms act until it is repealed.
- See more at: http://aconnecticutlawblog.com/2014/12/sandy-hook-families-to-sue-gunmaker/#sthash.ISNShTIN.dpuf
GGJohn
(9,951 posts)No Federal court is going to entertain this approach to the PLCAA.
branford
(4,462 posts)As indicated in the article, a lawsuit is really meant as a direct challenge to the PLCAA, a law already tested and upheld, or to seek a basis to argue for its repeal. Given the prevailing jurisprudence concerning gun control and product liability, public support for gun rights, and composition of Congress and the courts, the theory is little more than academic wish fulfillment with a Supreme Court that gave us Heller and McDonald, and a Democratic Senate (now turned Republican), no less the Republican House, that couldn't even pass universal background checks.
Note that unlike air bags and seat belts, there is no actual mandated legal obligation for firearms to contain these purported "safety measures." Furthermore, unlike the right to keep and bear arms, ownership and use of automobiles is not a right guaranteed by the Constitution.
Congress or the individual states could possibly legislate that firearms incorporate certain features, subject to substantial constitutional scrutiny. Some states like New Jersey have actually legislated a (Constitutionally suspect) requirement that all firearms be "smart" guns once the technology is actually available. However, the technology is still in its infancy and would hardly be considered widespread, reliable or fit for purpose. The real test of the advantageousness, benefit and accessibility of such technology will likely be its mandatory use by law enforcement, government security and the military. Remember that at the dawn of seat belts and air bags in cars, and even as the technology became widely adopted, courts did not find that cars, old and new, that lacked the technology were in any way inherently "unsafe" or "dangerous."
As indicated in my earlier posts, the PLCAA was primarily intended to immunize manufacturers from these very type of claims that essentially argue that firearms are somehow inherently unsafe. It is simply not permissible to widely circumvent constitutional rights through executive or administrative action, no less tort law.
If the goal is truly the adoption of these alleged safety measures, government could engage in their own R&D or provide incentives to the private sector to develop and implement such technology. However, product liability law does not require anyone to research and develop ever greater safety measures, regardless of product, and as of now, it certainly will not be mandated by the courts.
Jefferson23
(30,099 posts)That you would even suggest the government that is funneled money to prevent laws of accountability
would now provide incentives to the private sector is pretty funny too, on your part.
Your comment that they're allegedly safety measures is funny too.
Koskoff has an excellent track record of taking on difficult cases, I hope they succeed with
this case.
branford
(4,462 posts)I do not own any guns, nor have any desire to do so, although I do not begrudge those who live under different circumstances than myself. Moreover, in the gun control mecca of Manhattan where I live and work, it's not much of a major political issue.
However, as a trial attorney, I'm find the legal and political issues of gun control quite fascinating, particularly how the related jurisprudence can be carried over to interpretation of other constitutional rights and protections. I'm also well aware how the gun issue has repeatedly hurt democratic candidates in numerous elections.
There are many gun control ideas that, depending on implementation, would largely be constitutional, such as universal background checks. However, I would not hold my breadth believing that courts are going to do an end run around the Second Amendment and effectively neuter the PLCAA based on the legal theory that unproven and largely unavailable technology must be incorporated into all firearms to mitigate their inherent dangerousness.
Read the article you quote more carefully. To the extent that the theory is actually advocated in court, he believes he'll almost certainly lose. He realistically wants to use the loss to lobby for changes to the relevant law. I believe that such a strategy will likely prove futile and may actually galvanize even more opposition to the "smart gun" technology. This has already happened in New Jersey.
You are certainly free to hope they succeed in the litigation. Nevertheless, "hope" does not constitute cogent legal or political analysis.
Jefferson23
(30,099 posts)you're an attorney in this thread..I got that part.
I don't need to read it again. He does not believe he'll lose..he does not imply any such thing.
You may be confusing the blog comments which are not Koskoffs...only the OP- Ed is where his
opinion is shared.
As I said earlier, your idea which would involve the government offering incentives for
what you referred to as the alleged security measures, is funny considering the corruption in politics
and why I find your posts in this thread disingenuous, at best.
Koskoff has had no past problems presenting a cogent legal case...their history of success
with difficult cases is well documented.
COLGATE4
(14,732 posts)"Arguing legal questions with a non-lawyer is like trying to teach a pig to sing. It doesn't get you anywhere and it just irritates the pig." For what it's worth.
LostOne4Ever
(9,290 posts)[div class="excerpt" style="background-color:#dcdcdc; padding-bottom:5px; border:1px solid #bfbfbf; border-bottom:none; border-radius:0.4615em 0.4615em 0em 0em; box-shadow:3px 3px 3px #999999;"]AUTOMATED MESSAGE: Results of your Jury Service[div class="excerpt" style="background-color:#f0f0f0; border:1px solid #bfbfbf; border-top:none; border-radius:0em 0em 0.4615em 0.4615em; box-shadow:3px 3px 3px #999999;"]
On Sun Dec 14, 2014, 06:46 AM an alert was sent on the following post:
Advice I got from an old attorney when I first started:
http://www.democraticunderground.com/?com=view_post&forum=1014&pid=964808
REASON FOR ALERT
This post is disruptive, hurtful, rude, insensitive, over-the-top, or otherwise inappropriate.
ALERTER'S COMMENTS
The poster is using a quote attributed to someone other than themselves and is using it to call jefferson a pig by proxy. Inserting themselves in this conversation to insult and nothing more should be hidden.
You served on a randomly-selected Jury of DU members which reviewed this post. The review was completed at Sun Dec 14, 2014, 07:16 AM, and the Jury voted 0-7 to LEAVE IT.
Juror #1 voted to LEAVE IT ALONE
Explanation: It's certainly not nice but not worthy of a hide. You disagree, tell him why.
It's not a private conversation, by the way.
Juror #2 voted to LEAVE IT ALONE
Explanation: Did somebody actually alert on this? Do DUers have too much free time on their hands? It's literally one of the oldest legal aphorisms out there.
Juror #3 voted to LEAVE IT ALONE
Explanation: It's actually sage advice.
Juror #4 voted to LEAVE IT ALONE
Explanation: The question here, to me, is the post in question trying to liken Jefferson to a pig or is he trying to make some point about the futility of discussing law with a Layman.
After doing some research I came upon two thing 1) He is Butchering a Robert Heinlein quote and 2) he has used the quote at least two times before with no action taken against him and no apparent insult.
Based upon this I believe that the poster means the latter. That said, the poster in question should make things more clear in the future when using this quote because I could EASILY see the alter's case being just as true.
Juror #5 voted to LEAVE IT ALONE
Explanation: No explanation given
Juror #6 voted to LEAVE IT ALONE
Explanation: No explanation given
Juror #7 voted to LEAVE IT ALONE
Explanation: No explanation given
Thank you very much for participating in our Jury system, and we hope you will be able to participate again in the future.
GGJohn
(9,951 posts)I don't care how successful you think they are, the law is crystal clear and they are going to fail.
Many others have come before them and lost big time, and they will lose big time also.
Since you seem to have a problem with Wiki, here's a different source that says the same exact thing.
http://www.law.cornell.edu/uscode/text/15/chapter-105
Jefferson23
(30,099 posts)Do you find it so difficult to understand that he wants to build a case?
You can re-read his Op-ed..I think it gives a hint at where they may go with the lawsuit. Until
then, I wish them well. More info will come out soon enough.
I am sure you're rooting for them to win..am I right?
GGJohn
(9,951 posts)are giving false hope to these grieving parents that they can win a lawsuit against the firearms manufacturers, when they know they are bound to lose.
Am I rooting for the law to prevail? Yes, yes I am.
Here, read and learn.
http://www.law.cornell.edu/uscode/text/15/chapter-105
Jefferson23
(30,099 posts)Enjoy your stay on DU...bye.
GGJohn
(9,951 posts)that protect the bat industry, protect the knife industry.
So, do you now admit that Bushmaster can't be sued because of the criminal misuse of their product?
Thanks, I will enjoy my stay on DU.
Jefferson23
(30,099 posts)You are certain they cannot be sued, as I have said before, do not underestimate this
law firm.
GGJohn
(9,951 posts)one of their vehicles in the commission of a crime?
I think not.
Jefferson23
(30,099 posts)manufacturer for the reasons you are presuming.
GGJohn
(9,951 posts)lawsuit is a long shot.
The firearms were all CT legal, they were properly stored per CT law, there is no law mandating any unproven device that prevents any unauthorized use of said weapons, so the manufacturer is not liable for the misuse of a firearm.
They can try, but like many before them, they'll fail.
Jefferson23
(30,099 posts)the firms history of taking difficult cases and succeeding.
We do not know yet how exactly they'll approach the case, I posted his opinion from
2013 because it seems to give an indication of where they're coming from.
GGJohn
(9,951 posts)and they can certainly try, but like others before them, including many cities, they'll fail.
Jefferson23
(30,099 posts)GGJohn
(9,951 posts)but don't be surprised when it's dismissed before it even sees the insides of a courtroom....thankfully.
Jefferson23
(30,099 posts)VScott
(774 posts)Except, they're not following their own reasoning; the Koskoffs are ligating this as a wrongful death lawsuit.
The technology exists to install back-up cameras, breathalyzer lock-outs (both life saving measures). Yet no one
has filed, or suggested that the manufacturers should be held liable, and deserving of any wrongful death, or product
liability lawsuits because they failed to install said devices.
Blame the Bradys and other gun banning activists for necessitating that kind of protection.
No other industry, not even automobile manufacturers and tobacco companies, have been deliberately
targeted with frivolous and irrelevant lawsuits the way the firearms industry has.
At one point, Smith & Wesson had more than 30 separate lawsuits pending against them.
190 municipalities had filed 'nuisance' lawsuits against the industry.
Boston alone sought $100 million dollars from 31 firearms manufacturers.
The NAACP filed suit claiming that the black community "suffered disproportionately because of gun violence".
None, not even one of those lawsuits,or the ones that followed, ever resulted in the plaintiffs prevailing.
The NAACP wasn't even seeking monetary damages, only reform and that case was tossed by one of the most
liberal judges in the country.
So, yeah. The PLCAA was, and still is a necessary and welcome piece of legislation. One I whole heartily support
Jefferson23
(30,099 posts)What an enlightened individual you are..so generous with your support.
One day, perhaps you'll grow a conscience.
GGJohn
(9,951 posts)And they were instrumental in the PLCAA being passed, they're the one's who advised the cities to try to bankrupt the firearms industry with SLAPP suits, it backfired badly on them.
Jefferson23
(30,099 posts)the work of the Brady organization?
If the US government had public funded elections, many laws would not pass
in order to protect gun manufacturers..same goes for Wall Street and the lack of regulations
with teeth.
Enjoy that ability to own the lawmakers.
lancer78
(1,495 posts)"safe" in the wrong hands. These include things from bags of fertilizer, to chlorine for pools, to knives, to bats, to a multitude of things.
Adenoid_Hynkel
(14,093 posts)for his spreading baseless, nutjob conspiracy theories on the public airwaves about "false flags" and "crisis actors"
alcibiades_mystery
(36,437 posts)It's never surprising to see how disgusting the gunner shitheads are, but it's always astonishing to see that they collectively sink to such depths. As is obvious, they are self reinforcing in their despicable beliefs and behaviors.
GGJohn
(9,951 posts)we're just pointing out the facts.
The only one's rejoicing here are those that mistakenly think that these grieving families are going to get a big settlement from Bushmaster, when that's clearly false.
malokvale77
(4,879 posts)The alerter had only one friend today.
99Forever
(14,524 posts)REASON FOR ALERT
This post is disruptive, hurtful, rude, insensitive, over-the-top, or otherwise inappropriate.
ALERTER'S COMMENTS
And this contributes to the discussion, how?
"gunner shitheads"?
"collectively sink to such depths"?
"despicable beliefs and behaviors"?
You served on a randomly-selected Jury of DU members which reviewed this post. The review was completed at Sun Dec 14, 2014, 01:15 PM, and the Jury voted 1-6 to LEAVE IT.
Juror #1 voted to HIDE IT
Explanation: No explanation given
Juror #2 voted to LEAVE IT ALONE
Explanation: Totally appropriate in this context.
Juror #3 voted to LEAVE IT ALONE
Explanation: Truth is an absolute defense. The post is truthful and accurate. Leave it.
Juror #4 voted to LEAVE IT ALONE
Explanation: No explanation given
Juror #5 voted to LEAVE IT ALONE
Explanation: Does the alerter self identify?
Juror #6 voted to LEAVE IT ALONE
Explanation: this is a progressive board, of course we get to talk trash about gun advocates
Juror #7 voted to LEAVE IT ALONE
Explanation: No explanation given
Thank you very much for participating in our Jury system, and we hope you will be able to participate again in the future.
alcibiades_mystery
(36,437 posts)The triumphalism they display and their little celebrations over the bodies of the dead. Obscene. I take pride in their alerts.
99Forever
(14,524 posts)That tells where I stand on the subject.
branford
(4,462 posts)and gun rights supporters, particularly in very important purple states.
Apparently, the lessons learned by Al Gore and Bill Clinton have been completely forgotten.
You are certainly free to hold any opinion you wish, concerning firearms or otherwise, but it's no wonder than many Democratic voters don't show up to the polls when their fellow party members consider them little more than "trash" and "shitheads."
Congratulations, you've used the jury system on an anonymous forum to try to force ideological conformity at odds with the Democratic Platform despite clear rude and offensive conduct.
Now, after your proud victory on the DU jury, what are you doing in the real world to actually change hearts and minds (and the Constitution and related jurisprudence) concerning firearms?
99Forever
(14,524 posts)... by the NRA and it's minions. You want to run armed and scared all the time, that's a choice I don't share.
No other civilized nation on this planet gives into your mentality and I don't for one second think we need to either. I don't give a tinker's damn about whether I "change hearts and minds" of those who spend their lives prizing above all else, objects with the #1 reason for their existence being, to kill and wound other human beings. And no, I make NO apology for people calling you out, in any terms they deem necessary.
Duckhunter935
(16,974 posts)Whens the last time anyone on here that is on the RKBA side called the other side a shithead?
99Forever
(14,524 posts)If they are "on the RKBA side" they aren't my ally.
Duckhunter935
(16,974 posts)and the Democratic party. Wow.
99Forever
(14,524 posts)No sale, gun guy.
Duckhunter935
(16,974 posts)http://2012.presidential-candidates.org/Obama/Gun-Control.php
http://www.ontheissues.org/celeb/democratic_party_gun_control.htm
Out of the ballpark on this one
stone space
(6,498 posts)Whens the last time anyone on here that is on the RKBA side called the other side a shithead?
Duckhunter935
(16,974 posts)not to mention all of the penis references directed at RKBA supporters of both genders. Nice try but not even close to being equivalent.
I do not think I have ever used that term myself
stone space
(6,498 posts)http://www.a-human-right.com/effective.html
alcibiades_mystery
(36,437 posts)One has to meet a basic level of decency before I'll assent to a conversation.
Duckhunter935
(16,974 posts)That is one of my criteria, but I fail to follow it as much as I should.
GGJohn
(9,951 posts)the RKBA folks here are being very civil and polite, yet we're the "gunner shitheads".
Duckhunter935
(16,974 posts)no words ca better describe that, thanks
beevul
(12,194 posts)What you really mean, is your tired of not being able to dictate to them.
The first sign, if you'd like to objectively take a look, is that you equate not being allowed by gun owners and people who vote strongly on the issue to dictate YOUR wishes on them, with being "held hostage".
How do you know whether the person you were responding to with that carries a gun? Oh, you don't and you were just trying to cast aspersions and be nasty. I got ya. Beyond that, even if he does, nobody is asking you to "share" his choice. The pro-gun side doesn't do that. Your side is the one that attempts, time and time again, to use the force of law against people that just want you and your gun hating buddies to leave them the F alone.
99Forever
(14,524 posts)... I don't care if you like me or not. Nor will I play your silly games, so your loaded questions fall on deaf ears. I just plain find everything about gun culture disgusting and vile. That's my opinion and neither you or any other like-minded gun culture fanatics will ever change my mind.
beevul
(12,194 posts)Youre entitled to your opinion, but you aren't entitled to your own facts. And while I note how you are attempting to dodge some of those facts, which means they must be uncomfortable ones, I also note that when someone does that, it generally means they got nothing.
So much for "wanting a conversation on gun violence".
I guess you and your gun hating buddies didn't really mean that after all.
Color me unsurprised.
99Forever
(14,524 posts)Not do I require your permission to state it. I won't "color you" anything but just another selfish gun culture person who thinks his guns are the most important thing on the face of the Earth.
Duckhunter935
(16,974 posts)as much as you would like to take that away from us here or GD like over in the "safe haven" that the pro-control side requires.
Not even close but whatever makes you happy calling other people names. It does nothing to bring about civil discussion but the RKBA side has been used to that treatment for a very long time here. I think the RKBA side has done a fantastic job of not having to sink to that level.
branford
(4,462 posts)the same way anti-choice activists are held hostage by Planned Parenthood. It's ludicrous and lazy hyperbole.
Welcome to a democratic republic where voters are permitted free speech, can lobby their elected officials and the majority can disagree with you with complete impunity. Moreover, if you want to convince others to share you beliefs and priorities, no less a significant number of fellow Democrats, you might just have to treat them with a modicum of respect and diplomacy. Nevertheless, you are certainly free to continue with your righteous indignation, everything is acceptable for the cause, gun rights supporters are baby-killers with small genitalia, shtick, although recent polling trends appear to prove that is a losing strategy.
Duckhunter935
(16,974 posts)do not carry a gun, but that does not seem to matter.
Duckhunter935
(16,974 posts)that you can call fellow DU members that and not have it hidden. But that is how the pro-controller side likes it.
branford
(4,462 posts)However, there are a number of potential civil defendants if the parents seek redress (note that only half the families appear to be involved in the lawsuit). For instance, the school district and Lanza's mother's estate may be viable under certain legal theories, although whether the parents could actually prevail is uncertain.
Your invective and expletives appear to indicate that your complaint is that the gun manufacturer cannot be sued. However, even without the PLCAA, as I've discussed repeatedly above, I don't see how any plaintiff could demonstrate legally cognizable negligence. Firearms and their manufacture are perfectly legal (and constitutionally protected), and hatred of objects and those who produce, own or carry them does not constitute a basis for legal negligence. In fact, the PLCAA was passed primarily to prevent individuals and groups from filings frivolous lawsuits against those in the firearms industry, and enact social policy by bankrupting legitimate businesses who had not broken laws. The PLCAA does not grant immunity when a firearm is actually defective. However, when a firearm works as intended and designed, it does not constitute a flaw, despite the protestations of many here on DU and elsewhere.
The outcome would be no different if Lanza stole his mother's car and ran over the children. The manufacturers and dealers of the car would have no liability for its criminal misuse.
Lastly, people are more than capable of feeling sorrow and sympathy for the families and still not believe that upending decades of product liability and related jurisprudence is a proper or appropriate method to address a problem, no less concerning objects protected by the Constitution.
When you accuse others of being "trash" and "shitheads" when they choose not to adopt you position, you might be better describing yourself. It is no wonder easy and constitutional solutions like universal background checks cannot pass if individuals like yourself are the ones negotiating on the gun control side.
Duckhunter935
(16,974 posts)post here of "Gunner trash rejoicing"
You can not as it has not happened
BeyondGeography
(39,377 posts)The angle was they sold a gun to an irresponsible gun dealer. They settled to make the lawyers go away, per the article.
With that, it wouldn't surprise me if they are taking this suit more seriously than the many posters here who are dismissing it.
GGJohn
(9,951 posts)the PLCAA, which was passed in 2005.
I very highly doubt that Bushmaster will settle this time around.
https://en.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act
Protection of Lawful Commerce in Arms Act
The Protection of Lawful Commerce in Arms Act was passed by the U.S. Senate on July 29, 2005, by a vote of 65-31. On October 20, 2005, it was passed by the House of Representatives 283 in favor and 144 opposed. It was signed into law on October 26, 2005, by President George W. Bush and became Public Law 109-92. The National Rifle Association thanked President Bush for signing the Act, for which it had lobbied, describing it as, "...the most significant piece of pro-gun legislation in twenty years into law.
BeyondGeography
(39,377 posts)GGJohn
(9,951 posts)With the protection of the PLCAA, Bushmaster has no incentive to settle out of court, especially if the lawsuit is 1.6 billion dollars.
BeyondGeography
(39,377 posts)In the meantime, I will enjoy their squirming.
Cheers.
GGJohn
(9,951 posts)I'll bet their lawyers have already drafted a notice to dismiss the case on the grounds of the PLCAA and will submit it to the court if and when the lawsuit is filed.
Cheers to you too.
branford
(4,462 posts)First, the case hasn't even been filed. I wouldn't be surprised they "voluntary forbear" filing the complaint "to give Congress a final chance to act" or other face-saving nonsense. The fact that only half of the families are part of the suit speaks volumes.
Second, Bushmaster almost certainly has comprehensive insurance. It will pay for any required defense to the action and sustainable damages.
Third, the case will likely be disposed of quickly by a motion to dismiss.
Fourth, regardless of what occurs initially, there will be appeals, since that is the only real way to impact the validity of the PLCAA. However, be very careful what you wish for. The PLCAA is a well tested law and the apparent legal theory could best be described as "novel." In lawyer-speak, I can assure you that is not a good thing. A win for Bushmaster, particularly at the Supreme Court (who gave us Heller and McDonald), could help smother the "safe firearm" industry while it's still in its infancy. I guess the gun control advocates don't believe another Sandy Hook tragedy is likely to occur again in the near future, and given the continued polling trends against further firearm restrictions, want to milk Sandy Hook for all its worth. I guess the recent abject failures in Congress did not serve to dissuade the true believers.
Fifth, like many other gun control stunts, it will once again create greater solidarity and political enthusiasm among gun rights supporters, force many Democrats to again take a position on electoral loser issue for our party, and most ironically, be a valuable fundraising tool for NRA.
BeyondGeography
(39,377 posts)Everyone will be reminded of the association between their absurd product and Newtown. That's a bad day for them, if the suit is filed, of course.
branford
(4,462 posts)and polling in support of gun rights and against restrictions is the highest it's been for decades. Newtown really was barely a political blip in the grand scheme of things, and on its second anniversary, there is virtually no mention except by activists. I would even argue that Newtown was a turning point where the public is now desensitized to mass shootings.
To the extent the lawsuit is filed and receives any mainstream coverage at all, the most that will probably happen is a small spike in sales for Bushmaster and other manufacturers while providing a fundraising opportunity for the NRA and similar organizations.
I believe you're projecting you own feelings about firearms onto the potential effects of any lawsuit. When the shooting was fresh and graphic, gun control advocates accomplished little and gun rights supporters became energized. While gun sales increased, a Democratic Senate couldn't even pass universal background checks. Since the shooting, some version of open or concealed carry is now available in all states. Simply, why would a very long-shot lawsuit challenging a tested law more than two years after the shooting with little press coverage engender a worse reaction than the shooting itself?
I believe Bushmaster will react to the lawsuit, if it is actually filed, with little more than a "meh," as they send it off to their insurer. Unless and until an appellate court actually accepts the plaintiffs' assumed legal theories, a very dubious proposition, the case will receive little coverage, and cause even less concern in firearm community.
BeyondGeography
(39,377 posts)And, as for the unpopularity of such bans, I can only speak for my home state of NY, where the Republicans campaigned very hard on the SAFE Act and lost the governorship by 15 or so points.
And please don't waste my time re. the futitlity of such bans in the face of those spunky and ever-creative gun manufacturers and their ability to circumvent them. Gun control remains very popular in the bluest areas of the country. That's not changing anytime soon.
branford
(4,462 posts)I'm a politically active a trial lawyer in NYC.
The SAFE Act is certainly not popular statewide, including in many of the upstate towns and counties, was an issue in many local and Congressional races to the detriment of Democrats, and some sheriffs have vowed to not even enforce the law. Moreover, the courts have already struck down some provisions (e.g., the seven round magazine limitation), and others are still being litigated. The issue is not nearly and black and white as you portray it.
The AR15 is also not a particular gun, but rather a platform, and happens to be the most popular rifle platform in the USA. While you might not want to discuss how manufacturers easily circumvent the features ban of the NY law (similar to the expired federal law), it is easily done, and does not in any way affect the lethality of the new models compared to the old. For instance, Connecticut had a "assault weapons ban" similar to NY prior to Newtown, and the guns Lanza used were fully compliant and evidently lethal.
Jefferson23
(30,099 posts)2012
snip* "It is not our role to take positions, or attempt to shape or influence the gun control policy debate. That is the job of our federal and state legislators," Cerberus said today. "There are, however, actions that we as a firm can take. Accordingly, we have determined to immediately engage in a formal process to sell our investment in Freedom Group... Our thoughts and prayers are with the families and communities impacted by this tragic event."
Bushmaster has not responded to an emailed request for comment from ABC News and has not addressed the deadly incident on its website as of this report.
Cerberus' move comes as investigators said they will be going back to the beginning -- back to the day Adam Lanza was born and the day the Bushmaster was manufactured -- in an attempt to figure out what may have caused the troubled young man to so easily get his hands on such a deadly weapon.
Officials said the rifle was purchased legally by Lanza's mother, Nancy, in 2010, well after family friends said Lanza's behavioral issues were clear. The same year Bushmaster ran an advertising campaign extolling its customers to buy their assault-style weapons to prove they're a "Man's Man" in a "world of depleting testosterone."
http://abcnews.go.com/Blotter/newtown-shooting-investment-firm-drops-stake-bushmaster-owner/story?id=18004042
Duckhunter935
(16,974 posts)Many took Cerberus December announcement that it would stop investing in firearms as an indication that renewed vigor in the gun control debate made guns a riskier bet for Wall Street firms. Indeed, Cerberus initially had trouble finding potential buyers and the companys CEO mulled putting up his own offer for the Freedom Group to ward off low bids. Ultimately, he dropped the plan as bids for the company started to roll in, the Wall Street Journal reported in July.
But as Quartz notes, Cerberus has likely been making money off of Freedom Group over the past nine months. As increased attention to gun control boosted sales, the Freedom Group reported a 51 percent increase in sales this year from second quarter 2012.
http://www.huffingtonpost.com/2013/09/24/cerberus-gunmaker-divestment_n_3983104.html
I guess they like making money on the uptick of firearms sales.
Jefferson23
(30,099 posts)beevul
(12,194 posts)I mean...its not like he had to kill someone to gain possession of it or anything.
Lurks Often
(5,455 posts)Cerberus still owns the Freedom Group, of which Bushmaster is a part. They were unable to find a legitimate buyer and appear to have decided to stay in the firearms industry.
Duckhunter935
(16,974 posts)stone space
(6,498 posts)Lurks Often
(5,455 posts)Arguably it was Ann Richard's being in favor of gun control that cost her the governorship of Texas and started George W Bush on the path toward the Presidency.
Thanks a lot gun control extremists.
stone space
(6,498 posts)What does this even mean?
Lurks Often
(5,455 posts)probably cost Ann Richard's the Texas Governorship and probably cost AL Gore the 2000 election, since if he had carried his home state of Tennessee or any one of a number of states where gun control is a loser, what happened in Florida would not have meant a damn thing.
stone space
(6,498 posts)Did you post it to me by mistake?
branford
(4,462 posts)If Anne Richards in Texas did not support gun control measures, we might never have been plagued with George W. Bush.
Gun control has cost many Democrats dearly, particularly in the south, midwest and southwest. When we lose these elections, our entire agenda loses, which encompasses far more than just guns.
stone space
(6,498 posts)"Look in the mirror"?
Makes no sense at all.
My post was about thanking George W. Bush, as the quoted text suggests.
Lurks Often
(5,455 posts)You keep pushing gun control and you'll keep putting Republicans in charge
stone space
(6,498 posts)...having absolutely nothing to do with the post you were replying to.
But definitely not an accidental post.
Done on purpose.
OK.
Guess I just won the lottery.
You had something you wanted to say to somebody, and it had to be attached to somebody's comment, and I was the lucky guy.
That's cool.
Have a nice day!
NoJusticeNoPeace
(5,018 posts)Lurks Often
(5,455 posts)intolerant, intentionally ignorant, resort to petty name calling and often have some strange sort fetish of equating firearms with a penis.
They are also bitter because they have been losing steadily in Congress, the courts and most of the state legislatures for the past 20 years.
NoJusticeNoPeace
(5,018 posts)ones
I know, you are not FOR guns slaughtering anyone, but if they do, they do...
Lurks Often
(5,455 posts)I haven't seen one gun control extremist here come up with an idea that will make it through Congress or withstand judicial scrutiny.
beevul
(12,194 posts)Are you under the impression that being "against guns slaughtering people" makes one incapable of being rude?
What does one have to do with the other?
Can you explain?
VScott
(774 posts)twice shy.
I trust that they learned to work more closely with their insurance company for one thing.
The good news is that despite all their chest pounding and bloviating, the Brady Campaign and 2nd amendment
foes failed once again to break or bankrupt a decent and legitimate firearms manufacturer.
Thursday September 9, 2004 9:24AM est
Windham, Maine -- The Washington DC Brady Group would have you believe they won some kind of victory! The Brady Group brought this lawsuit not for the victims, but for their anti-gun agenda. The Brady Group asked for the settlement conference after reviewing all the evidence they knew they could not be successful in court and they wanted to stop paying lawyer fees.
The Brady Group sent a second tier lawyer to the settlement conference with nine demands on Bushmaster regarding business practices and Bushmaster denied them all. We then gave the Brady Group our statement that we support the BATF licensing requirements to be a Federal Firearms Licensed (FFL) holder and our support for the National Shooting Sports Foundation (NSSF) safety programs, and they accepted our statement. We did not agree and would not agree to change the way we do business or make any additional demands of our customers. We were emphatic that Bushmaster did not commit any wrong doings.
The attorney for our insurance company was at the settlement conference and informed us that about half of our policy limits had been spent on trial lawyers. It was the insurance companys position that all of the limit would be spent on this case, and therefore turned the funds over to Bushmaster to use as we saw fit removing the insurance company from the case. Our choice was to continue spending it on trial lawyers or turn it over directly to the victims families with no funds going to the Brady Group for their legal fees.
We felt the compassionate thing to do was give it to the victims families, not because we had to but because we wanted to. The Washington DC Brady Group should learn what compassion is really all about!
Bushmaster strongly believes and vigorously supports the rights of citizens to own and use firearms, and the settlement of this case in no way compromises that stand. The Brady Groups attempt at claiming a victory over firearms manufacturers is a hollow one with no substance. Their attempt to eliminate gun rights of citizens has failed legislatively and will continue to fail with these frivolous lawsuits against gun manufacturers.
Bushmaster Firearms, Inc.
September 8th, 2004 5:54PM est
Windham, Maine -- Bushmaster Firearms is pleased to announce a conclusion to the DC sniper case brought by the victims families and the Brady organization. The balance of the insurance policy not spent on legal fees, approximately $550,000, will go to the victims families for their grief.
Bushmaster reaffirms its commitment to BATF requirements and National Shooting Sports Foundations (NSSF) goals.
Bushmaster supports that FFL Dealers and Distributors who sell its products follow the recommendations of the BATF newsletters and the National Shooting Sports Foundation (NSSF) publication Dont Lie for the Other Guy program and their other safety literature.
Bushmaster supports the standards set forth by the BATF in their requirements to be a licensed FFL holder.
Richard E. Dyke
Chairman
Bushmaster Firearms, Inc.
Windham, Maine
https://web.archive.org/web/20040911001123/http://www.bushmaster.com/
Kelly Corr, the attorney representing Bushmaster, said the company made ''no admission of liability whatsoever."
He said Bushmaster and its insurance company, which will pay the $550,000, decided to settle rather than continuing to run up legal fees in court. Corr said the settlement will not change the way Bushmaster conducts business.
''Bushmaster believes it is a responsible manufacturer," he said.
As part of the settlement, though, Bushmaster agreed to educate its dealers on gun safety.
http://www.boston.com/news/nation/washington/articles/2004/09/10/gun_maker_and_dealer_settle_in_dc_sniper_shootings_lawsuit/
My money is on Bushmaster prevailing. I wish them well, and extend them the support and backing they deserve
against this aberration of a lawsuit.
Jefferson23
(30,099 posts)Tell Congress:
Because of a law enacted in 2005, victims of the gun industry's negligent practices are prohibited from filing lawsuits in America's courts. No other industry benefits from such special legal protection. Repeal the "Protection of Lawful Commerce in Arms Act" immediately.
http://csgv.org/action/repeal-the-gun-industry-immunity-law/
GGJohn
(9,951 posts)And, what are the chances of that petition passing? Especially with a Repub. controlled Congress?
Jefferson23
(30,099 posts)this right, for now, due to lobby money.
No different than Wall Street lobby power.
Do I have to withdraw the petition because they won't pass it? It becomes another
part of a documented record of how corrupt our system has become. Citizens United
will be challenged...until then, enjoy your lobby power.
GGJohn
(9,951 posts)and I didn't say anything about withdrawing the petition, I just asked what are the chances of the PLCAA being revoked with a R controlled Congress?
And don't forget, there are a lot of pro RKBA Dems in Congress.
Jefferson23
(30,099 posts)If so, that would be accurate. The law is a travesty..they should not have protection
under the law, a law crafted by the gun lobby.
Your question on whether it would pass or not is rhetorical, or should have been.
Gee, I wonder why there are pro gun people in the Dem congress...they vote
for perks to Wall Street too...nothing new. Or do you believe they vote for this
garbage based on the merits?...that would be amusing.
GGJohn
(9,951 posts)it's in the petition.
Because of a law enacted in 2005, victims of the gun industry's negligent practices are prohibited from filing lawsuits in America's courts. No other industry benefits from such special legal protection. Repeal the "Protection of Lawful Commerce in Arms Act" immediately.
So I apologize, but I still don't know what negligent practices the petition is talking about.
Why is the law a travesty? It was because of the anti gun practices of several cities, on the advice of the Brady Org., to use SLAPP suits in an attempt to do an end run around the 2A and bankrupt the industry, which is the reason Congress took action.
Jefferson23
(30,099 posts)the gun lobby, that rings kosher to you. The Congress took action because they are influenced
to do so, period.
GGJohn
(9,951 posts)to bankrupt the firearms industry rings kosher to you?
There wouldn't be the PLCAA if this wasn't attempted, so in essence, the cities are the one's who forced the Congress to pass this protection law.
Jefferson23
(30,099 posts)What they would do in response to get the lawyers off their backs is to support
gun legislation that has teeth...and safety technology applied to their guns.
Duckhunter935
(16,974 posts)it was to put the firearms manufactures out of business.
Jefferson23
(30,099 posts)would back down from obstructing laws, that much I believe you could count on.
VScott
(774 posts)it's that firearms manufacturers need, and should get even more protection if this bogus legal
proceeding and practice is allowed to continue.
See my above post http://www.democraticunderground.com/1014964351#post179
You state that "No other industry benefits from such special legal protection"
It's because no other industry has to put up with this constant barrage of immature, frivolous, costly bull shit
in an attempt to bankrupt them despite any wrongdoing.
Jefferson23
(30,099 posts)Enjoy your lobby benefits, while they last.
Duckhunter935
(16,974 posts)been hearing that for the last 30 years. Things seem to be going the other way from what you want. Just a matter of time before Bloomberg cuts his loses, takes his money from the astroturf organizations and goes home.
Jefferson23
(30,099 posts)I support the fight for public funded elections, first and foremost, over turning CU.
I support the right for Americans to sue this manufacturer..I hope they succeed.
You seem to be implying the current status is going the way it is based on the
merits of the situation. Lobby money, pray it stays the way it is, that is the only
way you'll remain in control. Yet, you'll have to forfeit other political positions, that is
if you support them, such as Wall Street regulation, student loan debt bubble and a host
of other measures that will allow the middle class to survive..as it is the poor have been
done for, a long time ago.
While it lasts is what I said...enjoy it.
Duckhunter935
(16,974 posts)so do not put words in that I did not say please.
Jefferson23
(30,099 posts)Duckhunter935
(16,974 posts)If I quoted you, I post quote and give credit. I will continue to quote as I see fit. Please do not tell me to censor my responses.
Jefferson23
(30,099 posts)Duckhunter935
(16,974 posts)this is your quote, what does it mean then?
Jefferson23
(30,099 posts)Duckhunter935
(16,974 posts)VScott
(774 posts)How many times have I read that before?
What gives you reason (or hope), that the "tide" (or public opinion), will turn in your favor?
What sort of change, crisis or event can you possibly foresee that would bring about this change?
Newtown certainly didn't do it.
And that event was only 2 years ago to this day, and it was universally embraced, accepted by gun control
advocates as the "no more" watershed moment that would redefine gun control legislation as we currently
know it.
Look at what happened instead.
UCB's were defeated.
Renewal of the AWB was defeated.
Politicians in CO were recalled.
A handful of the predictable traditionally gun control states passed legislation, but other than N.Y.,
nothing at the "holy shit" level, and in the process, even they fucked themselves up
Firearms and ammunition sales skyrocketed like never before
Public opinion polls have shown greater support for the RKBA.
And you expect me (us) to believe that the 'tide will turn'.
Maybe in your alternative universe, but reality and history is on mine (our) side.
Jefferson23
(30,099 posts)may not last forever??
All I said was, while it lasts. lol
Nothing lasts forever, btw.
VScott
(774 posts)Speaking for myself, I can assure you thats hardly the case.
You want to know why the gun control side is losing so badly; it's because they pick the wrong
battles to fight, and they overwhelm themselves with a multitude of battles they can't possibly win.
As a longtime gun owner, believer in personal responsibility and accountability, I find it abhorrent
that a well respected law firm would sink this low.
From where I'm sitting, and reading this thread, is that the gun control side is "freaking out" that
legislation has taken a 180 degree turn, and that the PLCAA is at least responsible for the problems
(real or imagined), that we have now.
I agree. But "nothing lasts forever" is a relative term, and it has to be put in a realistic one.
Days, weeks, months, years, decades... etc.
Yes, change, "turning of the tides" is always possible, but it also works both ways.
Even more relaxation, repealing of existing gun control laws, passage of favorable 2nd amendment laws
could happen also.
Jefferson23
(30,099 posts)Hey, you never know, with your energy and enthusiasm..it could happen.
Skittles
(153,182 posts)massacres are to be expected now, END OF STORY
branford
(4,462 posts)in some states, most notably vaccines manufacturers and fast food establishments.
I assume that if other industries are targeted in such a universal manner by SLAPP lawsuits, including by well funded municipalities, they too will receive similar state or federal protection.
In any event, I would also note that firearms are not like other products subject to product liability jurisprudence. Although the potential lethality of most firearms is not in dispute, they are nevertheless explicitly protected in the Constitution, much to the chagrin of many on this forum. Their purported dangerousness, at least according to the Founders, was clearly a feature, not a bug.
stone space
(6,498 posts)in an attempt to bankrupt them despite any wrongdoing.
VScott
(774 posts)The distinction with regard to the lawsuits against them, is that they knowingly and willfully lied and mislead
consumers about the health issues of their product.
If the same could be proven against firearms manufacturers, they would not be protected by the PLCAA.
The majority of the lawsuits that were filed prior to the PLCAA, were of the "public nuisance" and distribution variety.
mmonk
(52,589 posts)the necessity of the amount of rounds before having to reload and how this in no way helped contribute to any of the deaths.
Duckhunter935
(16,974 posts)My AR came with 20 round standard magazines not 30 or 100
mmonk
(52,589 posts)See if a jury agrees.
GGJohn
(9,951 posts)Their not responsible for the criminal misuse of their product.
mmonk
(52,589 posts)They will be looking at how the product might contribute to a wrongful death however it is to be defined.
GGJohn
(9,951 posts)This case won't even see the inside of a courtroom.
But I'll entertain this approach, if I get into a Ford while drunk and injure or kill a bunch of people, then Ford can be sued because it contributed to the carnage?
mmonk
(52,589 posts)go to trial. I was just laying out the angle I think it will go.
GGJohn
(9,951 posts)unless Bushmaster manufactured a defective product, or it knowingly committed a criminal act by selling the rifle to a known criminal, then the company is shielded from a civil lawsuit.
No, Bushmaster did no wrong, neither did the dealer, so this lawsuit will almost certainly be dismissed, and any appeal will fail also.
mmonk
(52,589 posts)The determination whether it proceeds will be determined from a judge's seat.
Duckhunter935
(16,974 posts)make magazines that fit the generic AR-platform?
hack89
(39,171 posts)or are you arguing against all semiautomatic guns?
hack89
(39,171 posts)lets not forget that CT has a strict AWB and Lanza's gun met all those requirements. Perhaps the parents should sue the state and the law makers that made Lanza's gun legal.
Companies don't need to go to court to explain why they obeyed the law.
Odin2005
(53,521 posts)the ammosexuals and gun-grabbers...
LanternWaste
(37,748 posts)Regardless of outcome, I see this as a positive action as it will force the conversation to remain focused, at least in part, on the innocent victims of gun violence... something that seems to fade all too quickly as many begin to cherry-pick statistics to more easily validate the NRA's branding and bias.
VScott
(774 posts)They're throwing and hoping for a Hail Mary pass with this one...
The AR-15 was specifically engineered for the United States military to meet the needs of changing warfare, attorney Josh Koskoff said in a release. In fact, one of the Armys specifications for the AR-15 was that it has the capability to penetrate a steel helmet.
http://connecticut.cbslocal.com/2014/12/15/newtown-families-file-lawsuit-gunmaker/
GGJohn
(9,951 posts)Any hunting round will penetrate a steel helmet. This really is a hail mary pass.
Does any modern Military use steel helmets anymore?
branford
(4,462 posts)The substantive bulk of complaint reads more like a press release than routine pleading. It is also exactly the type of lawsuit that the PLCAA was intended to prohibit.
The plaintiffs effectively seek to ban all semiautomatic rifles (or apparently any rifles with a military origin or pedigree) and "high capacity" magazines through tort law as too dangerous for civilian ownership and use, despite the fact that Lanza's weapons met all federal regulations and CT's assault weapons ban standards.
I expect the case to be promptly dismissed under a number of grounds, and then used as a political symbol by activists for the need for more gun control and the repeal of the PLCAA. Since the case has been filed in CT state court, there's a small chance that the judge will rule that the case can proceed to discovery. In this unlikely event, I expect a prompt interlocutory appeal in the state appellate courts or even the defendants seeking injunctive relief in the federal courts under the PLCAA.
I would also ironically note that if this case actually manages to reach the federal appellate courts or ultimately the Supreme Court, it could be the perfect vehicle to widen the scope of Second Amendment jurisprudence to conclusively protect the most popular rifles in USA, just as earlier cases protected popular handguns. The NRA and Second Amendment Foundation are no doubt preparing amicus briefs, possibly even seeking status as an intervenor in the lawsut, and will no doubt fundraise prolifically as the case proceeds.
GGJohn
(9,951 posts)this has the potential to badly backfire on the Plaintiff's and law firm?
branford
(4,462 posts)Whenever activists challenge a law or policy, the loss strengthens the other side. If the federal appellate court hold that semiautomatic rifles, and less likely "high capacity" magazine," are explicitly protected by the Second Amendment, it could weaken or prohibit expansive assault weapons bans and related laws across the country, the exact opposite of what the plaintiffs desire.
I have no doubt that given the failure of the Democratic Senate to pass any gun control measures (irrespective of the fact that the proposals would have never passed the House) and the recent polling demonstrating support for gun rights at an all time high, I imagine that the activists believed they should try to challenge the PLCAA before political conditions worsen and under the auspices of a rare and notable tragedy like Sandy Hook. Given current legal and political trends, I assume that the plaintiffs believe they have little to lose. I'm not nearly as certain that more moderate gun control advocates would share such an opinion. When one side is effectively seeking broad gun bans, the other side is usually not inclined to offer compromise on less contentious issues like universal background checks.
If I were to hazard a guess, the state court will dismiss the lawsuit on very limited or specific grounds, without reaching the PLCAA issues. This could prolong the action, particularly at the appellate level, but provide the plaintiffs with more publicity before the eventual permanent dismissal.
Lurks Often
(5,455 posts)there is a chance that the 2nd Circuit of Appeals may very well rule that both semiautomatic rifles and "high capacity" magazines are both protected by the Second Amendment.
CT's case was not helped by the judge in the initial ruling stating that the AR-15 and other semiautomatic rifles are in common use, even if the judge upheld the law.
The real question is will NY or CT appeal to the Supreme Court if they lose at the Second Circuit of Appeal level. Do they risk losing at the Supreme Court level and setting additional precedents that strengthen the Second Amendment or do they accept the defeat and try a different approach when the make up of the Supreme Court might change to favor the gun control side.
branford
(4,462 posts)knowing the Second Circuit, I imagine that most of the justices would vote to dismiss the lawsuit based on the PLCAA or even more limited grounds, rather than risk a decision on a contentious constitutional issue ripe for a conservative Supreme Court's consideration.
However, you never know how these cases will resolve, particularly when activists are willing to push the appellate envelope. However, I virtually guarantee that the plaintiffs will not prevail with their lawsuit, and unlike the pre-PLCAA sniper case, the defendants will not settle due to legal uncertainty or litigation costs.
Gothmog
(145,489 posts)It is not clear that this case will end up in federal court on diversity grounds
Lurks Often
(5,455 posts)in the state court(s). Fairly certain federal law will trump state law in case like this.
Gothmog
(145,489 posts)This is a lawsuit on a state law cause of action with no diversity because there are a number of necessary partys who are from the same state as the plaintiffs. The case is based on an exemption to the federal act and so I have trouble seeing a federal question
Lurks Often
(5,455 posts)Federal law can probably be invoked under the 10th Amendment. We'll see soon enough.
Since Bushmaster sold a legal product under both state and Federal law to a distributor who then sold it to a licensed (at the time) Federal Firearm Dealer who sold to a person legally entitled under state and Federal law to own that firearm, I find the law firm's argument rather weak.
The FFL dealer in question rightfully lost their license for things unrelated to the Sandy Hook shooting, mostly for very sloppy paperwork and failure to keep track of firearms that had been stolen from the store by an employee without the store knowing the firearms were missing.
Gothmog
(145,489 posts)There are several non-diverse defendants named and unless Cerebus can get these defendants severed then there is no diversity
Lurks Often
(5,455 posts)that also thinks the case will go nowhere.
The AR-15 has been a legal product for more then 40 years, it is not inherently any more dangerous or lethal then any other of a number of also legal semi-automatic rifles. Sandy Hook could have been committed with either of the 2 handguns the little murderer had or with the shotgun he left in the car.
You can argue legal technicalities until you turn blue in the face, but if you think this case will stand up to appeal, even if by some chance the first judge doesn't toss it out, you are allowing your biases to blind you.
wordpix
(18,652 posts)Let me tell you something about CT assault weapons standards. In the small town of Litchfield, CT, in a section called Northfield, there's a new commercial training operation using AR-15s and other assault weapons. This operation never went through a Planning and Zoning hearing because the site used to be a local gun club, which was dissolved when the property was sold; nevertheless the current owner says he is "continuing use." Customers of the training operation are walking around open carrying in a residential zone and no one is checking their permits, licenses or backgrounds. Neighbors are scared. The town has no gun activity regulations and police won't do a thing b/c they're training at this new gun mecca and say they have no authority to shut down the noise or business on safety grounds.
Currently the local Zoning Board of Appeals just closed a public hearing on the issue. It is likely to go to court if the ZBA approves the operation.
So much for CT's assault weapons standards. The state will not get involved in local issues unless there's a Newtown-style shooting and meanwhile, locals are trying to prevent another one. The state does NOTHING about prevention.
GGJohn
(9,951 posts)not about where it can be used to practice.
branford
(4,462 posts)The State of Connecticut has a strict assault weapons ban. Lanza's weapons were fully compliant, and hence would not be considered "assault weapons" in the state. The plaintiffs' (and apparently your) real complaint is that their elected officials do not appear to agree with them as to what constitutes an "assault weapon" (to the extent that the ban the plaintiffs' seek is even constitutional).
Your story is nothing more than a very common zoning dispute. I don't start pearl clutching and fainting simply because the matter may have an ancillary concern about firearms.
You complain that the situation is immediately dangerous and deadly. I would therefore inquire as to how many individuals with weapons at the site have broken any state or federal laws or if there has been any gun violence or accidents, including assaults or self-defense? Do you concerns remotely comport with reality?
Just because you believe that the state does not do enough to prevent gun violence or because some people are purportedly scared, does not mean courts are entitled to subvert the will and purview of the legislature.
wordpix
(18,652 posts)to do ANYTHING about questionable gun activity re: AR 15's such as what I described. The state will wait for another disaster before it steps in. And this is a state run by Dems.
branford
(4,462 posts)In fact, you story indicates that you object to the carrying of any weapon in a residential areas. All rifles account for a minuscule percentage of all gun crime, and the vast majority of common pistols would have been equally lethal in circumstances like Sandy Hook.
As the plaintiffs' complaint clearly demonstrates, they apparently are seeking through tort law to ban civilian ownership of all semiautomatic and military-origin rifles (and "large capacity" magazines), which comprise the majority of the most popular and commonly owned rifles in the county. Such a broad gun ban is almost certainly unconstitutional and not supported by the majority of citizens, and as recent polling unmistakably suggests, support for gun restrictions continues to decline.
As you acknowledge, CT is a fairly liberal blue state run by Democrats, and they passed one of the strictest assault weapons bans in the country even before the Sandy Hook shooting. The state is not doing anything more because they cannot due to both constitutional restrictions and lack of public support.
What solutions would you propose that are legally permissible and could achieve wide popular support, either nationally or just in CT?
wordpix
(18,652 posts)The law says you can open carry as long as you have a permit or license. But no one is checking.
The state should let the town know this at least is illegal.
branford
(4,462 posts)without a special permit. The issue is really just a run-of-the-mill zoning dispute, and one that appears to favor the continuing use of the property as a gun range. The zoning board and courts will sort the matter out in due time.
In any event, if open carry is legal with a permit (I'm not personally familiar with CT carry laws), the police need more probable cause to demand the individuals present their identification and permit than just the fact they are open carrying, particularly given the number of people doing so and the obvious zoning issues, in order to protect themselves against harassment and related claims. For example, the police in Philadelphia, directed by the elected authorities, liked to hassle people who legally opened carried in a similar manner, and as a result have routinely had to pay-out civil judgments.
As I inquired earlier, you appear to believe that this matter presents an immediate and dangerous threat. Other than the general discomfort of some residents concerning firearms, have any incidents actually occurred to prove an actual threat exists, such as negligent discharges of any weapons, ancillary crime like drug dealing, armed assaults, or specific and directed threats of violence against neighbors other than the mere presence of people with weapons at what is arguably a gun range?
Adrahil
(13,340 posts)... And a training place is likely to have them.
There are, for example, certain Federally Firearms Licensed gun dealers who are exempt from the 1986 new machine gun ban.
And the neighbors probably need to get over it in this case. People going to such training facilities (I've been to one), are usually interested in learning the proper and safe use of a firearm, although I am surprised by the open carry in public. The training site I went to required guns to be left on-site when going out for meals, etc.
VScott
(774 posts)The complaint makes no mention of why the PLCAA should not apply to the defendants.
Are they glossing over it for a reason, or is it something that would be addressed later on in the proceedings
(as in they'll make their reasoning known after the defendants have their say why the suit should be
disallowed)?
I know your practice is in NY, but how much time do the defendants have to respond?
branford
(4,462 posts)although its purported lack of applicability would likely have been indicated in a less public pleading. As I mentioned earlier, the bulk of the complaint reads like a press release, and any mention of the defendants' possible immunity to suit would detract from the political message, and might raise questions from reporters without relevant legal training or experience.
Unfortunately, I'm not at all familiar with Connecticut state trial procedures or deadlines. Nevertheless, the anticipated response to the complaint will almost certainly be motions to dismiss, covering grounds besides the PLCAA. The plaintiffs will then file opposition papers, and the defendants likely entitled to a reply. The court will then need to consider the papers and schedule and hear oral arguments before issuing any decision. My gut tells me not to expect to hear anything substantive about the proceedings until Spring 2015. Appeals and possibly related federal court action may follow, which will add significant time to any resolution.
Gothmog
(145,489 posts)This is a state court pleading and in Texas at least you have far more loose pleading standards than in federal court. The PLCAA expressly exempts negligent entrustment cases and this case is based on this theory. It will be interesting to see if the case is somehow removed to federal court. Negligence cases tend to be hard cases to get summary judgments on in state court and so this case may get to a jury. Again, Section 5A(ii) of the PLCAA expressly exempts negligent entrustment cases and that may be a big enough exception to allow this case.
There are some amusing articles on the internet claiming filing this case in state court is somehow part of a conspiracy to hide the fact that the state autopsies of the Sandy Hook victims were faked. I think that it is clear why the plaintiffs want this case in state court and not federal court is that they hope to get a state court judge to rule on the PLCAA exemption.
branford
(4,462 posts)Moreover, I, too, would have filed in the state courts, and since I don't know if there was complete diversity, filing in federal court might not have even been an option. Much of the discussion about the court was before we actually say the complaint and legal theories, and I agree that federal pleading are usually more demanding than those in state courts, including in NYC, where I primarily practice.
It is difficult to prevail on motions for summary judgment in negligence case, no less motions to dismiss, due to issues of fact. In this instance, the primary basis for dismissal is legal immunity provided by the PLCAA, although other bases certainly exist. The actual facts of surrounding shooting are not really in dispute, and a competent court should be able to easily determine the immunity issue.
However, as I indicated elsewhere, state trial judges are often notorious for ignoring or misunderstanding the law, no less federal law, and I would not be at all surprised if the CT trial court contorted itself into a proverbial legal pretzel in order to assist such sympathetic plaintiffs and sent the matter to a jury. I do not believe the plaintiffs will be nearly as lucky with appellate courts, and since the preemptive immunity statute is a federal law, with any potential federal court review.
Gothmog
(145,489 posts)I read this exemption to be very broad https://www.govtrack.us/congress/bills/109/s397/text
(i) an action brought against a transferor convicted under section 924(h) of title 18, United States Code, or a comparable or identical State felony law, by a party directly harmed by the conduct of which the transferee is so convicted;
(ii) an action brought against a seller for negligent entrustment or negligence per se;
The plaintiffs are relying on the concept of negligent entrustment which is or should be a fact issue for a jury to decide. This exemption has somewhat broad language and appears to exempt negligent entrustment cases from this law. While I agree with you that this pleading is not how I would plead this case, the case is based on a negligent entrustment case. A state court may well read the plain meaning of this exemption and let the case go forward to a jury.
I personally believe that this case could survive a summary judgment on the federal law unless there is some legislative history to this exemption that I have not seen. Normal rules of statutory intrepetation would tend to favor a broad reading of the plain meaning of this exemption.
branford
(4,462 posts)Bushmaster, the distributor, the seller and the mother, were all lawful purchasers / transferees of the rifle. Lanza then killed his mother and stole the rifle.
The complaint expressly seeks to ban the AR15 rifle (and really all semiautomatic rifles and/or those with a military pedigree), the most popular rifle platform in the USA, and all "high capacity" magazines for all civilians. Plaintiffs' negligent entrustment allegations are a obvious plot to achieve vast gun control aims that are reserved for the legislature (and possibly prohibited by the 2A), and precisely the types of lawsuits which the PLCAA was intended to prevent.
As I said, I would not be shocked if the CT trial court did not grant the inevitable motions to dismiss. However, I don't think we'll ever get so far into the case necessitating motions for summary judgment when the key issue is a preemptive federal immunity. I believe that the CT appellate courts will likely declare that the facts alleged in the complaint do not fit within state negligent entrustment jurisprudence, and even if they did, the defendants would be immune to suit under the PLCAA. I cannot imagine likely less sympathetic federal courts finding that any of the defendants are not immune under the PLCAA if the CT courts do not dispose of the case on their own.
Ironically, if this case ever reached the Supreme Court, it might actually be a basis to establish that popular semiautomatic rifles, like popular handguns, are expressly and similarly protected by the 2A.
If you have not done so, I would recommend Professor Volokh's short article.
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/12/16/lawsuit-filed-against-gun-manufacturers-and-dealers-over-sandy-hook-murders/
Gothmog
(145,489 posts)Like most professors, Volokh is making policy arguments and does not address the narrow statutory interpretation issue of the exemption. I follow a number of legal blogs including this one. I admit that I am not a big fan of Prof. Volokh and prefer a couple of the other legal blogs.
As to the negligent entrustment case, yes this is a back door way to ban this particular weapon in that according to the pleadings sales to civilian populations serve no purpose. Again, the theory of this case is somewhat imaginative and creative and is based entirely on the negligent entrustment exemption/loophole. I do not know Ct. procedural law. Is there a way to take an interlocutory appeal of the defensive issue up before the trial? You can not do this in Texas on most issues (venue being the major exception) absent a summary judgment ruling for the defendants. Without an interlocutory appeal mechanism for the federal pre-emption issue, this case may have to go to the jury and the appellant courts will only see this issue after a jury verdict.
I am not a plaintiff lawyer but I do appreciate new theories and this case has a novel way around the PLCAA.
branford
(4,462 posts)However, I would imagine that if such appeals are not permitted as of right or by leave, that the defendants would seek intervention in the federal courts under the PLCAA. Even if a state trial judge was not inclined to grant dismissals, I doubt very much he or she would want the parties to go through the time and expense of a jury verdicts, and than have it reversed on appeal. The politics and optics would also prove very problematic.
The facts concerning the sale, transfer and, most importantly, theft of the guns and shooting itself are not materially in dispute. CT also has a assault weapons ban where the legislature expressly determined which rifles were permitted under the law, and there is no question that the mother's firearms were compliant. This is not some slip and fall or routine product liability case like a malfunctioning airbag or ignition switch, and the motives and intentions of the plaintiffs are clear and astoundingly broad. Particularly with such a comprehensive preemptive federal immunity statute at play (and possibly even the 2A), I do not believe this matter should or will ever see a jury, whether it's disposed of by motions to dismiss or summary judgment, although appeals are a near certainty. Lastly, even though the 2nd Cir., and I would not be surprised if the courts in CT, are not friendly to the 2A, I believe that neither would want the matter to ever go to the Supreme Court given it's majority rationale in Heller and McDonald. Such as loss would be disastrous for the gun control movement.
I still believe that the plaintiffs think they'll lose the suit, but will have a net gain for their cause. (My reasoning can be found in this post)
Whatever happens, it should be interesting and many people will definitely not be happy.
P.S.: It's a pleasure discussing the case with someone on DU who understands basic legal procedure and reasoning, even though we might not agree. Have a great holiday!
ileus
(15,396 posts)Or that the firearms were stolen from the legal owner?
All well....the lawsuit lottery is hard to pass up.