Post by trappincoyotes39 on Oct 14, 2016 18:03:52 GMT -6
Judge Dismisses Lawsuit Brought by Families of Sandy Hook Victims Against Rifle Maker
A federal judge has dismissed a lawsuit brought by the families of the Sandy Hook victims against Remington Arms, the maker of the rifle used in the elementary school shooting that left 20 children and six educators dead.
In dismissing the lawsuit, Judge Barbara Bellis wrote in her decision that "Congress, through the Protection of Lawful Commerce in Arms Act (PLCAA), has broadly prohibited lawsuits 'against manufacturers, distributors, dealers, and importers of firearms...for the harm solely caused by the criminal or unlawful misuse of firearm products...by others when the product functioned as designed and intended."
The present case, which seeks damages for harms, including the death of the victims, that were caused solely by the criminal misuse of a weapon by Adam Lanza, falls within the broad immunity provided by PLCAA, Bellis wrote. Bellis wrote that the case also does not fit within the narrow exception that PLCAA provides.
Finally, the plaintiffs also cannot avail themselves under the Connecticut Unfair Trade Practices Act (CUPTA) to bring the lawsuit within PLCAA's exceptions. Under CUPTA, a plaintiff must allege a consumer, competitor or other commercial relationship with the defendant. In the current case, the plaintiffs did not allege any such relationship.
The lawsuit was filed against Remington, distributor Camfour Inc. and gun shop Riverview Sales that sold the gun. Riverview applied for Chapter 7 bankruptcy over the summer.
The suit was originally filed in state court and was sent to federal court before being remanded back to state court.
Law firm Koskoff, Koskoff and Bieder argued that the Bushmaster AR-15 rifle shouldn’t have been released to the public and belongs only in the hands of military and law enforcement personnel.
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Advocates on all sides of the gun control issue have awaited the decision because it could have impact on a strong federal law that provides immunity to manufacturers, distributors and sellers of firearms when they are used illegally.
Since the start law experts expected that the suit would have a tough time in court due to PLCAA.
"While the families are obviously disappointed with the judge’s decision, this is not the end of the fight," Josh Koskoff from Koskoff, Koskoff & Bieder, one of the lawyers representing the families, said of the decision. "We will appeal this decision immediately and continue our work to help prevent the next Sandy Hook from happening.”
Connecticut Gov. Dannel Malloy issued the following statement:
“While today is a deeply disappointing day for the families, their appeal will continue this fight for justice. As I have stated before, the laws providing unique protections to gun manufacturers need to be changed to give crime victims a right to pursue legal remedies.”
The Dec. 14, 2012, shooting occurred at Sandy Hook Elementary School in Connecticut. Shooter Adam Lanza killed his mother Nancy Lanza at their home before going to the school and killing 20 students and six adults. He then shot himself before police arrived.
Patch will update this breaking news story. Refresh this page for updates.
Image via Connecticut State Police
A federal judge has dismissed a lawsuit brought by the families of the Sandy Hook victims against Remington Arms, the maker of the rifle used in the elementary school shooting that left 20 children and six educators dead.
In dismissing the lawsuit, Judge Barbara Bellis wrote in her decision that "Congress, through the Protection of Lawful Commerce in Arms Act (PLCAA), has broadly prohibited lawsuits 'against manufacturers, distributors, dealers, and importers of firearms...for the harm solely caused by the criminal or unlawful misuse of firearm products...by others when the product functioned as designed and intended."
The present case, which seeks damages for harms, including the death of the victims, that were caused solely by the criminal misuse of a weapon by Adam Lanza, falls within the broad immunity provided by PLCAA, Bellis wrote. Bellis wrote that the case also does not fit within the narrow exception that PLCAA provides.
Finally, the plaintiffs also cannot avail themselves under the Connecticut Unfair Trade Practices Act (CUPTA) to bring the lawsuit within PLCAA's exceptions. Under CUPTA, a plaintiff must allege a consumer, competitor or other commercial relationship with the defendant. In the current case, the plaintiffs did not allege any such relationship.
The lawsuit was filed against Remington, distributor Camfour Inc. and gun shop Riverview Sales that sold the gun. Riverview applied for Chapter 7 bankruptcy over the summer.
The suit was originally filed in state court and was sent to federal court before being remanded back to state court.
Law firm Koskoff, Koskoff and Bieder argued that the Bushmaster AR-15 rifle shouldn’t have been released to the public and belongs only in the hands of military and law enforcement personnel.
Get free real-time news alerts from the Newtown Patch.
SUBSCRIBE
Advocates on all sides of the gun control issue have awaited the decision because it could have impact on a strong federal law that provides immunity to manufacturers, distributors and sellers of firearms when they are used illegally.
Since the start law experts expected that the suit would have a tough time in court due to PLCAA.
"While the families are obviously disappointed with the judge’s decision, this is not the end of the fight," Josh Koskoff from Koskoff, Koskoff & Bieder, one of the lawyers representing the families, said of the decision. "We will appeal this decision immediately and continue our work to help prevent the next Sandy Hook from happening.”
Connecticut Gov. Dannel Malloy issued the following statement:
“While today is a deeply disappointing day for the families, their appeal will continue this fight for justice. As I have stated before, the laws providing unique protections to gun manufacturers need to be changed to give crime victims a right to pursue legal remedies.”
The Dec. 14, 2012, shooting occurred at Sandy Hook Elementary School in Connecticut. Shooter Adam Lanza killed his mother Nancy Lanza at their home before going to the school and killing 20 students and six adults. He then shot himself before police arrived.
Patch will update this breaking news story. Refresh this page for updates.
Image via Connecticut State Police