CT Judge denies manufacturer motion to dismiss in Sandy Hook case...

[jmg257]

"Superior Court judge has denied a motion to dismiss a lawsuit accusing gun makers and sellers of liability in the Sandy Hook Elementary School shooting, saying the broad immunity granted to the firearms industry does not strip the court of jurisdiction to hear the claim."

While the Protection of Lawful Commerce in Arms Act generally insulates gun companies from liability, Judge Barbara Bellis said the law could be used to attack the legal sufficiency of the plaintiffs' claims, but not to have the case thrown out at this early stage.

Attorneys for the plaintiffs – nine victims' families and an administrator who was shot and survived – declared the ruling a major win, as victories against firearms companies are extremely rare. But the ruling does not preclude the defendants from reasserting their claims of immunity under federal law in a future motion.
..."

"At this juncture," Bellis wrote, "the court need not and will not consider the merits of the plaintiffs' negligent entrustment theory."

http://www.courant.com/news/connecticut/hc-sandy-hook-gun-lawsuit-dismissal-denied-20160414-story.html

[DonP]

1. So not being thrown out of court is a "Major Win"?

Even when it's clear it is not because of the merits of their case or lack thereof?

Getting kinda desperate for a "win" of any kind there.

I'm afraid ultimately this is just going to run up the lawyers fees on both sides that they may wind up having to pay. Just like the family in Colorado.

[jmg257]

2. "...going to run up the lawyers fees on both sides..." My thoughts too.

Reading the complaint, I just can't see Bushmaster being held liable for practices of supplying & advertising products that legislators across the country, including CT, declare are perfectly legal.

[jimmy the one]

3. what PLCAA really means

While the Protection of Lawful Commerce in Arms Act {PLCAA} generally insulates gun companies from liability,

PLCAA really stands for:

Gun Manufacturers Protection from Liability, Culpability, Answerability, and Authority

CNN or MSNBC yday or day before suggested appeal. At least wasn't shot down.
I presume 2nd circuit court for connecticut, NY, & Vt would hear any appeal, and I suspect since new england circuit a better chance to uphold judge's ruling, thus any appeal to supreme wizards might go 4 - 4, & uphold the ability to sue. Yay.
Poor scalia, his brilliant mind must be rolling over in his head.

[TeddyR]

4. Setting aside the PLCAA

Why is Remington culpable for Sandy Hook?

[flamin lib]

9. The suit alleges that Remington, aka Bushmaster,

manufactured, marketed and negligently entrusted to the public a fire arm designed by the military (the AR15 is the prototype for the M16 designed at the behest of the Pentagon to replace the heavier M14). The firearm was designed to be used by professional soldiers and law enforcement with specialized training but was entrusted to civilians without that training.

[TeddyR]

10. That's what the complaint says

What I'm asking is why do you think that Remington should be held liable? The firearm was legal for civilian purchase according to both the state of Connecticut and federal law. The firearm certainly isn't in use by any military in the world, and isn't any different from hundreds of other semi-automatic rifles available for civilian purchase (and again not used by any military).

[Straw Man]

11. So ...

The firearm was designed to be used by professional soldiers and law enforcement with specialized training but was entrusted to civilians without that training.

... is it your contention that insufficient training was the cause of the Sandy Hook massacre?

[beevul]

5. They hate the first amendment too, apparently.

...the suit alleges that the Bushmaster, a semiautomatic rifle similar in appearance to fully automatic military rifles, was marketed in a militaristic fashion that appealed to those intent on inflicting mass casualties.

Plastic man couldn't reach like that.

The suit includes references to advertising copy for Bushmaster rifles, including such lines as "the uncompromising choice when you demand a rifle as mission-adaptable as you are" and "Forces of opposition, bow down. You are single-handedly outnumbered."

And the people that support this? They just want "reasonable commonsense gun safety laws"? Nope.

They hate guns. They hate the second amendment. And they'll hate the first and any other that gets in the way, if and when they have to, with a smile.

[sarisataka]

6. To achieve every proposal

I have seen put forth by gun control proponents we would have to repeal the 1st, 2nd, 4th, 5th, 6th, 8th Amendments and restrict both the 9th and 10th.

[beevul]

7. Whats sad...

Is that I don't have to ask for examples. (assume you meant 2nd, where the first '4th' is)

[sarisataka]

8. Fixed that

Opps mi bad