CT Supreme Court Rules Remington can Be Sued Over Sandyhook

Discussion in 'Main Message Board' started by wedgy, Mar 14, 2019.

  1. wedgy

    wedgy Gold $$ Contributor

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    https://www.businessinsider.com/court-rules-gun-maker-can-be-sued-over-newtown-shooting-2019-3



    HARTFORD, Conn. (AP) — Gun maker Remington can be sued over how it marketed the Bushmaster rifle used to kill 20 children and six educators at Sandy Hook Elementary School in 2012, a divided Connecticut Supreme Court ruled Thursday.

    Justices issued a 4-3 decision that reinstated a wrongful death lawsuit and overturned a lower court ruling that the lawsuit was prohibited by a 2005 federal law that shields gun manufacturers from liability in most cases when their products are used in crimes.

    The plaintiffs include a survivor and relatives of nine people killed in the massacre. They argue the AR-15-style rifle used by shooter Adam Lanza is too dangerous for the public and Remington glorified the weapon in marketing it to young people.

    Remington has denied wrongdoing and previously insisted it can't be sued under the federal law.

    The majority of the high court agreed with most of the lower court's ruling and dismissed most of the lawsuit's allegations, but allowed a wrongful marketing claim to proceed.

    "The regulation of advertising that threatens the public's health, safety, and morals has long been considered a core exercise of the states' police powers," Justice Richard Palmer wrote for the majority.

    Lanza, 20, shot his way into the locked school in Newtown on Dec. 14, 2012, and killed 20 first-graders and six educators with a Bushmaster XM15-E2S rifle, similar to an AR-15. He shot his mother to death in their Newtown home beforehand, and killed himself as police arrived at the school.

    Connecticut's child advocate said Lanza's severe and deteriorating mental health problems, his preoccupation with violence and access to his mother's legal weapons "proved a recipe for mass murder."

    Joshua Koskoff, a lawyer for the plaintiffs, told the state Supreme Court during arguments in November 2017 the Bushmaster rifle and other AR-15-style rifles were designed as military killing machines and should never have been sold to the public.

    "The families' goal has always been to shed light on Remington's calculated and profit-driven strategy to expand the AR-15 market and court high-risk users, all at the expense of Americans' safety," Koskoff said Thursday. "Today's decision is a critical step toward achieving that goal."

    Military-style rifles have been used in many other mass shootings, including in Las Vegas in October 2017 when 58 people were killed and hundreds more injured.

    The case was watched by gun rights supporters and gun control advocates across the country as one that could affect other cases accusing gun-makers of being responsible for mass shootings. Several groups, ranging from the National Rifle Association to emergency room doctors, submitted briefs to the court.

    The 2005 federal law, named the Protection of Lawful Commerce in Arms Act, has been cited by other courts that rejected lawsuits against gun makers and dealers in other high-profile shooting attacks, including the 2012 Colorado movie theater shooting and the Washington, DC, sniper shootings in 2002.

    James Vogts, a lawyer for Remington, has cited the 2005 federal law and previously said the Bushmaster rifle is a legal firearm used by millions of people for hunting, self-defense and target shooting.

    Remington, based in Madison, North Carolina, filed for bankruptcy reorganization last year amid years of slumping sales and legal and financial pressure over the Sandy Hook school massacre.
     
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  2. X-47B

    X-47B Romans X:IX Silver $$ Contributor

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    My wonderful home state at its best. It’s amazing that Connecticut was the firearms capitol at one point
     
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  3. Ol’ Ed

    Ol’ Ed The older I get the better I was....... Silver $$ Contributor

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    I guess sports cars are next, and then who knows: a Corvette, Mustang, Charger, etc., could easily be characterized as “too dangerous for the public” and “glorified....in marketing to young people”. Good ol Liberalism.
     
    D Coots, 'Freak, JSH and 6 others like this.
  4. CharlieNC

    CharlieNC Gold $$ Contributor

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    State and federal governments are most responsible for wrongful deaths and opression, the sum total of all other factors does not begin to approach.
     
    simo hayha, 22BRGUY and 'Freak like this.
  5. mikehotel

    mikehotel

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    Bathtubs too dangerous for old people?
     
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  6. gambleone

    gambleone Silver $$ Contributor

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    Of course.:confused:
     
  7. CT10ring

    CT10ring Gold $$ Contributor

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    ah good ol CT, where you have to have a state issued ID card to buy a box of .22 ammo. Can't say I miss that aspect, no longer living there. And CT ranks 49th in U.S. economy, of the 50 states. Unless you owned an AR rifle prior to 1994, you simply can't own one in CT...
     

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  8. rr2030

    rr2030

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    well lets see what happens if it gets to SCOUS
     
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  9. Someoldguy

    Someoldguy Silver $$ Contributor

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    I know you're being facetious but be careful what you ask for. o_O

    The left wants electric cars, anyway.
     
  10. Joe Salt

    Joe Salt Silver $$ Contributor

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    My bathtub is coming out in three weeks as a matter of fact. But when my rifles are all loaded and just sit there were I put them. They have never gotten up and shot anyone. So I want to know when are these so called experts on guns going to hold the idiot that commits these crimes responsible for there actions and not the object.

    Joe Salt
     
  11. X-47B

    X-47B Romans X:IX Silver $$ Contributor

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    Let me correct that. You can still buy a preban, Circa 1994. Your just paying 1200. For an old beat up stripped preban lower
     
    Last edited: Mar 14, 2019
  12. X-47B

    X-47B Romans X:IX Silver $$ Contributor

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    Here is the funny part. Here is what we have in Connecticut now. Some how gun company’s got around all the laws, by definition. This is a non-nfa item. This is a ct “and elsewhere I assume” legal “2 handed” “firearm”. Not a rifle, not a pistol. Refereed to just as an “other” Must be over 26.5”, have a vertical forgrip, 12” or above barrel and a sig brace. Tho with the new gov. Ct is now trying to drawl up legislation to ban it. It’s actually pretty popular in the north east at this point because the laws are not on the books to ban it yet in other states as well. But soon I’m sure
     

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    Last edited: Mar 14, 2019
  13. Milo 2.0

    Milo 2.0 Gold $$ Contributor

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    Wasn't this type of logic the saving grace in the 2005 case? If an impaired driver kills someone, he can be sued in civil proceedings for wrongful death. No different than with a gun, now the car becomes the delivery system, so the maker is responsible too.
    Sandy Hook was the absolute worst of any of these events, but the suit solves nothing.
     
  14. snert

    snert Gold $$ Contributor

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    What we are seeing (across the nation) in all the "morality" issues in the news is simply the result of removing a Truth from the discourse. When we make truth subjective, rather than objective, we are left with the nonsensical mob mentality twitter stoning virtue signaling stuff we call "news". When left to our broken selfish sinful selves casting off Truth, we then resort to "law" to control behavior...and when that behavior does not "fit", we repeat the above. Before long one mob sets up a guillotine.

    As BF said when asked what kind of government the people were given, he responded "A Republic, if you can keep it."

    It is bigger than guns. It is an issue of morality and self control. When we demand "no rules in me" we get stuff with lotsa "rules on me".

    I chose responsible God given liberty, thank you.
     
  15. CT10ring

    CT10ring Gold $$ Contributor

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    Most of these idiots kill themselves. Gotta blame someone. How about a Co. with deep pockets. The trigger puller is dead typically.
     
  16. CT10ring

    CT10ring Gold $$ Contributor

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    duly noted. The NUTmeg state.
     
  17. CT10ring

    CT10ring Gold $$ Contributor

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    Interesting. I thought "assault rifles" had 3 attributes, per CT definition.
    1- collapsible buttstock
    2- pistol grip
    3- ability to hold a magazine
    thought a legal rifle could only possess 1 of the 3 attributes ( Also 16" or longer bbl, pinned muzzle device). Guess stock is fixed...
    interesting suppressors are legal in CT. thinking out loud, not arguing :)
     
  18. X-47B

    X-47B Romans X:IX Silver $$ Contributor

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    It’s not an “assault rifle”. Or a rifle for that matter. It is strictly referred to as an “other”. I’m not an expert by any means, but every store in ct is selling them now. And all the major manufacturers are making them to suit . As long as a atf approved sig brace is on it, even if it’s adjustable. As long as it’s over 26.5” closed, a whole lotta cops I know have been buying them as well because they like the 12” barrel w/o a tax stamp. But you cannot make your own with a lower, It has to be a lower that has “other” firearm designated on it
     
    Last edited: Mar 14, 2019
  19. bugman

    bugman Gold $$ Contributor

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    CT Supreme Court is running neck-and-neck with the Ninth District Court. Now, advertising is illegal. Laughing.
     
  20. CT10ring

    CT10ring Gold $$ Contributor

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    perfect.
    "let's sling lead with the other"
    The other what?!"
    The FDE other".
    Should I bring this one or the other one?"
     
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