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Thread: Court rules Sandy Hook families can sue gunmaker over rifle used in shooting

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    Court rules Sandy Hook families can sue gunmaker over rifle used in shooting

    From ABC News

    Court rules Sandy Hook families can sue gunmaker over rifle used in shooting

    Connecticut’s highest court has cleared the way for families of nine victims of the Sandy Hook Elementary School shooting to sue over the marketing of the semiautomatic rifle Adam Lanza used to kill.

    The families argued that the manufacturer, distributor and seller of the weapon negligently entrusted to civilian consumers an assault rifle that is suitable for use only by military and law enforcement personnel and violated the Connecticut Unfair Trade Practices Act (CUTPA) through the sale or wrongful marketing of the rifle.

    The lawsuit, which lists Bushmaster Firearms International as the defendant, has already overcome years worth of legal hurdles after first being filed more than four years ago, more than two years after the shooting at the Connecticut school left 26 people dead.

    The families released a statement saying that they are "grateful that our state’s Supreme Court has rejected the gun industry’s bid for complete immunity, not only from the consequences of their reckless conduct but also from the truth-seeking discovery process," said attorney Josh Koskoff of Koskoff, Koskoff & Bieder.

    COMMENT:-

    Personal injury lawyers throughout the nation are rejoicing over this decision. Now when some penniless drunk crashes a stolen car into someone, the lawyers will be able to sue the car companies because they didn't manufacture a car that could not be operated by a drunk.

    PS - Something that LOOKS LIKE a "Porsche" but which does not do what a "Porsche" does is NOT a "Porsche" and something that LOOKS LIKE an "assault rifle" but which does not do what an "assault rifle" does is NOT an "assault rifle".
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    Re: Court rules Sandy Hook families can sue gunmaker over rifle used in shooting

    Major shame on Connecticut's highest court for clearly ignoring federal law that will prohibit this lawsuit.
    The federal law known as PLCAA, the Protection of Lawful Commerce in Arms Act was enacted for exactly
    what is happening with this case. The manufacturer and the sellers of the firearm used that day are clearly
    not legally responsible for his crimes and harms that he caused.”

    The shooter in this case shot and killed his mother and then stole the weapons from her that he used in the school
    shooting. This case will end up before the Supreme Court and be overruled as it should be.
    “The Special Counsel’s investigation did not find that the Trump campaign or anyone associated with it conspired or coordinated with Russia in its efforts to influence the 2016 U.S. presidential election.”

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    Re: Court rules Sandy Hook families can sue gunmaker over rifle used in shooting

    I don't believe that's what this ruling will allow. Unless the car company is advertising and sending out material that says buy my car because it drives best while drunk.
    I think the ruling is about advertising and the parents really want to see in discovery what the gunmakers were saying after the many mass shootings.

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    Re: Court rules Sandy Hook families can sue gunmaker over rifle used in shooting

    Pure idiocy.
    Your group identity doesn't matter - Beliefs should be based on evidence - Socialism is responsible for over 200 million deaths
    Censorship, misrepresentations, straw men, incivility and violence are the tools of cowards who do not or cannot truly support their position.

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    Re: Court rules Sandy Hook families can sue gunmaker over rifle used in shooting

    Quote Originally Posted by TU Curmudgeon View Post
    From ABC News

    Court rules Sandy Hook families can sue gunmaker over rifle used in shooting

    Connecticut’s highest court has cleared the way for families of nine victims of the Sandy Hook Elementary School shooting to sue over the marketing of the semiautomatic rifle Adam Lanza used to kill.

    The families argued that the manufacturer, distributor and seller of the weapon negligently entrusted to civilian consumers an assault rifle that is suitable for use only by military and law enforcement personnel and violated the Connecticut Unfair Trade Practices Act (CUTPA) through the sale or wrongful marketing of the rifle.

    The lawsuit, which lists Bushmaster Firearms International as the defendant, has already overcome years worth of legal hurdles after first being filed more than four years ago, more than two years after the shooting at the Connecticut school left 26 people dead.

    The families released a statement saying that they are "grateful that our state’s Supreme Court has rejected the gun industry’s bid for complete immunity, not only from the consequences of their reckless conduct but also from the truth-seeking discovery process," said attorney Josh Koskoff of Koskoff, Koskoff & Bieder.

    COMMENT:-

    Personal injury lawyers throughout the nation are rejoicing over this decision. Now when some penniless drunk crashes a stolen car into someone, the lawyers will be able to sue the car companies because they didn't manufacture a car that could not be operated by a drunk.

    PS - Something that LOOKS LIKE a "Porsche" but which does not do what a "Porsche" does is NOT a "Porsche" and something that LOOKS LIKE an "assault rifle" but which does not do what an "assault rifle" does is NOT an "assault rifle".
    I have a problem with this. Does this mean that, if a terrorist drives a car into a crowd of people, and I happen to be in that crowd, I can sue Ford?
    The ghost of Jack Kevorkian for President's Physician: 2016

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    Re: Court rules Sandy Hook families can sue gunmaker over rifle used in shooting

    rom the plaintiffs' position:

    "The gravamen of the plaintiffs’ complaint was that the defendants negligently entrusted to civilian consumers an assault rifle that is suitable for use only by military and law enforcement personnel and violated the Connecticut Unfair Trade Practices Act (CUTPA) (§ 42-110a et seq.) through
    the sale or wrongful marketing of the rifle. The plaintiffs’ first theory of liability was that the rifle is a military grade weapon that is grossly ill-suited for legitimate civilian purposes such as self-defense or recreation, that the rifle and other similar semiautomatic weapons have
    become the weapon of choice for mass shootings and, therefore, that the risks associated with selling the rifle to the civilian market far outweigh any potential benefits, that the defendants continued to sell the rifle despite their knowledge of these facts, and that it therefore was
    negligent and an unfair trade practice under CUTPA for the defendants to sell the weapon, knowing that it eventually would be purchased by a civilian customer who might share it with other civilian users"

    404 - File or directory not found.

    It's not a "military grade weapon". It's perfectly suited for legitimate civilian purposes such as self-defense or recreation (else with 15 million of them, there'd be a lot more murders with them), these are other similar semiautomatic weapons are still not the weapon of choice for mass shootings (that would be a handgun) and if I were counsel for the defendants, I would address the claim "risks associated with selling the rifle to the civilian market far outweigh any potential benefits" with the fact that the federal government, on multiple occasions, sold hundreds of thousand of actual military grade, semiautomatic, magazine fed intermediate caliber to the civilian market, and that actions taken by private firms that exactly replicate the lawful actions of the federal government cannot be grounds for liability.
    Individuals can not be reasoned out of beliefs they were not reasoned into.

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    Re: Court rules Sandy Hook families can sue gunmaker over rifle used in shooting

    Quote Originally Posted by danarhea View Post
    I have a problem with this. Does this mean that, if a terrorist drives a car into a crowd of people, and I happen to be in that crowd, I can sue Ford?
    Only if Ford advertises how quickly and efficiently the car can be used to mow people down.

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    Re: Court rules Sandy Hook families can sue gunmaker over rifle used in shooting

    Quote Originally Posted by danarhea View Post
    I have a problem with this. Does this mean that, if a terrorist drives a car into a crowd of people, and I happen to be in that crowd, I can sue Ford?
    Absolutely.

    Not only that, but you can also sue the makers of any parts or raw materials that went into the production of the car.

    Now I'm not sure if you can sue the banks that "facilitated" the commercial transactions that made it possible for Ford to purchase the parts or raw materials that went into the production of the car, but why not toss them into the mix as well - after all, they've got even more money than Ford does.
    I was told that the best things for me were to eat healthy foods, walk up hills, stop smoking cigars, and cut out drinking Scotch.
    With my record, I don't _deserve_ the best. What's second best?
    (Retirement Dinner remarks)

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    Re: Court rules Sandy Hook families can sue gunmaker over rifle used in shooting

    Quote Originally Posted by Rucker61 View Post
    rom the plaintiffs' position:

    "The gravamen of the plaintiffs’ complaint was that the defendants negligently entrusted to civilian consumers an assault rifle that is suitable for use only by military and law enforcement personnel and violated the Connecticut Unfair Trade Practices Act (CUTPA) (§ 42-110a et seq.) through
    the sale or wrongful marketing of the rifle. The plaintiffs’ first theory of liability was that the rifle is a military grade weapon that is grossly ill-suited for legitimate civilian purposes such as self-defense or recreation, that the rifle and other similar semiautomatic weapons have
    become the weapon of choice for mass shootings and, therefore, that the risks associated with selling the rifle to the civilian market far outweigh any potential benefits, that the defendants continued to sell the rifle despite their knowledge of these facts, and that it therefore was
    negligent and an unfair trade practice under CUTPA for the defendants to sell the weapon, knowing that it eventually would be purchased by a civilian customer who might share it with other civilian users"

    404 - File or directory not found.

    It's not a "military grade weapon". It's perfectly suited for legitimate civilian purposes such as self-defense or recreation (else with 15 million of them, there'd be a lot more murders with them), these are other similar semiautomatic weapons are still not the weapon of choice for mass shootings (that would be a handgun) and if I were counsel for the defendants, I would address the claim "risks associated with selling the rifle to the civilian market far outweigh any potential benefits" with the fact that the federal government, on multiple occasions, sold hundreds of thousand of actual military grade, semiautomatic, magazine fed intermediate caliber to the civilian market, and that actions taken by private firms that exactly replicate the lawful actions of the federal government cannot be grounds for liability.
    There is a concept in Canadian law known as "frivolous and vexatious law suits". The Canadian courts have no difficulty in simply tossing out the whole action if a part of it is "frivolous and vexatious" AND the side putting forward those claims does not amend the action to remove them.

    Since the definition of "assault weapon" includes "capable of fully automatic fire", any claim that a weapon that is NOT "capable of fully automatic fire" is an "assault weapon" falls into the "frivolous and vexatious" category.
    I was told that the best things for me were to eat healthy foods, walk up hills, stop smoking cigars, and cut out drinking Scotch.
    With my record, I don't _deserve_ the best. What's second best?
    (Retirement Dinner remarks)

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    Re: Court rules Sandy Hook families can sue gunmaker over rifle used in shooting

    Quote Originally Posted by Middle_Ground View Post
    I don't believe that's what this ruling will allow. Unless the car company is advertising and sending out material that says buy my car because it drives best while drunk.
    I think the ruling is about advertising and the parents really want to see in discovery what the gunmakers were saying after the many mass shootings.
    That will be a stretch, unless firearm manufacturers are in any way advertising the use of firearms in this kind of scenario; which I'm pretty sure is not the case.

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