Families can sue gun maker for Sandy Hook school massacre: court

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

The Connecticut Supreme Court ruled that families of Sandy Hook victims can sue Remington Arms - the company that made the weapon used in the Newtown elementary school massacre in 2012.

'"The majority's decision today is at odds with all other state and federal appellate courts", the group said.

Industry opponents say easy access to guns is to blame for continued mass shootings in the USA, including the recent massacre of 58 people at a concert in Las Vegas and the slaughter just a month later of 26 people in a Texas church.

Authorities say Adam Lanza murdered his mom at home, then shot and killed 20 children and six adults at the school using an AR-15-style rifle called a Bushmaster Model XM15-E2S.

Connecticut Chief Justice Richard Robinson focused much of the dissenting opinion on the intent of Congress to limit gun-makers' liability.

The court agreed with the lower court judge's decision to dismiss claims that directly challenged the federal law shielding the gun companies from litigation, but found the case can move forward based on a state law regarding unfair trade practices.

The 2005 Protection of Lawful Commerce in Arms Act, or PLCAA, has provided the U.S. firearms industry an nearly impenetrable defence against lawsuits by victims of mass shootings and gun violence, broadly shielding Remington and others such as American Outdoor Brands Corp, Sturm Ruger & Co and Vista Outdoor Inc from liability stemming from such incidents.

In 2016, a lower-court judge dismissed the case in response to a request by Remington, citing a federal statute that protects gun manufacturers and distributors from being implicated if their weapons are used in criminal activity.

A gun industry group, the National Shooting Sports Foundation, which happens to be based in Newtown, said the state Supreme Court ruling was an "overly broad interpretation" of an exception to the 2005 federal law. "But what we've said from the outset is all we want is our day in court, for the law to be upheld and for a jury to decide our case".

The decision was hailed by the lawyers for the plaintiffs as "a crucial step" towards exposing "Remington's calculated and profit-driven strategy to expend the AR-15 market...at the expense of Americans' safety". He accuses Remington of targeting younger, at-risk males through "militaristic marketing and astute product placement in violent first-person shooter games".

The case had been closely watched by advocates on both sides of the gun issue.

Robert J. Spitzer, chairman of political science at the State University of NY at Cortland and an expert on guns and the Second Amendment, said the CT ruling runs counter to the 2005 federal law.

Should the case go before the US Supreme Court, where conservatives hold a 5-4 majority, it may not be affected by the constitutional protection for people to keep and bear arms under the Second Amendment. The lawsuit will now allow the plaintiffs to gain access to internal Remington documents that can shed light on its advertising practices.

Related News:



Most liked

At least 24 dead as Cyclone Idai hits eastern Zimbabwe
As many as 100 people are reportedly missing in Zimbabwe following a cyclone that has killed at least 24 people. Current weather conditions are making it hard for the Zimbabwe National Army to rescue people in Chimanimani .

How to Watch Roger Federer vs. Rafael Nadal
The Nadal-Federer matchup would have been the 39th meeting in their careers and the first in 16 months. However, Federer and Nadal got to this appointment in a completely different state.

LSU’s loss to Florida helps Vols in Championship Game
This game continued to go down to the wire as Florida saw their lead turn into a tied ball game after a Reid three-pointer. The Razorbacks don't have any seniors this season, and among the nine players in their regular rotation are six newcomers.

Left 4 Dead's developers are Back 4 Blood with new spiritual successor
The game is slated for an Xbox One, PlayStation 4, and PC release, though a specific date hasn't been revealed at this time. Back 4 Blood is a hugely ambitious project and we need the best of the best to come join us.

Google killed over 2bn bad ads in 2018
That's about double the number as previous year , Scott Spencer, Google's director of sustainable ads, said in a blog post . This resulted in the removing of ads off nearly 28 million pages that violated company policy.

No Man's Sky Beyond Expands The Game's Multiplayer
In the press release, Murray said that each update to No Man's Sky has been more successful than the last, Next especially so. To some NEXT may have felt like a natural end-point for our journey, but for us it was another step on a longer voyage.

Trump's team plans to appeal 'Apprentice' ruling
The two dissenting judges said the lawsuit would interfere with Trump's job as president, and should wait until he left office. The decision means that President Trump may have to sit for a sworn deposition, which is now scheduled for June.

New Zealand pledges reforms as relaxed gun laws scrutinized
The attack , apparently broadcast live for a time on social media , is the deadliest mass killing in New Zealand since 1943. He also had more assault weapons in the trunk of his auto , along with what appeared to be explosives.

Jack Nowell returns to England line-up for Scotland clash
Jones added: "He's a young player and you need to bring young players through carefully". We just feel it's right for him this week to not be involved in the matchday squad.

Gareth Southgate Names England Squad For UEFA Euro 2020 Qualifiers
Saying that, there are no guarantees, but his form has been excellent. "He will fit in very well with the way that we work". Reid, however, believes Ireland need to continue scouring the country for players who might be eligible to play for them.

SEC Tournament: Texas A&M vs. Vanderbilt preview, prediction, etc.
In A&M's first meeting with Vanderbilt this season, the Aggies came out lethargic and lackadaisical, quickly falling behind 11-0. You can't win at this level and in this league with the type of teams we're playing against if you're not at your best.

EU, Canada and USA impose new sanctions on Russian Federation
Twenty-four Ukrainian crew members were detained in the naval incident. The measures now apply to a total of 170 persons and 44 entities .

New Zealand's Ardern vows gun law reform after Christchurch terror attack
In the video, the killer spends more than two minutes inside the mosque spraying terrified worshippers with gunfire. On Saturday morning, dozens of people stood silently, facing the building as police went about their work.

'Sopranos' movie gets release date and a new title ... 'Newark'
In addition to Gandolfini, the cast includes Alessandro Nivola , Jon Bernthal, Vera Farmiga , and Ray Liotta . Find out everything you need to know about the series about young Tony Soprano here.

Jones claims Wales look exhausted ahead of decisive Six Nations Saturday
Great credit to them for what they've done, but they are starting to look a bit exhausted . "I'm just saying what I see. The Six Nations builds up to its crescendo this weekend and all the indications are that it will be an intriguing one.