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Thread: Judge rules Newtown families' lawsuit against gun maker can go forward

  1. #1

    Judge rules Newtown families' lawsuit against gun maker can go forward

    BRIDGEPORT, Conn. – A lawsuit can go forward against the maker of the rifle used in the 2012 Sandy Hook Elementary School shootings, a judge ruled Thursday.

    Superior Court Judge Barbara Bellis said that a 2005 federal law protecting gun-makers from lawsuits does not prevent lawyers for the victims' families from arguing that the semi-automatic rifle is a military weapon and should not have been sold to civilians.

    Lanza, 20, killed 20 first-grade students and six educators on Dec. 14, 2012 with a Bushmaster XM15-E2S rifle that his mother had bought legally. Lanza killed his mother, Nancy Lanza, at their Newtown home with a different gun before going to the school a few miles away, and then killed himself as police arrived.

    The families of nine children and adults killed at the Newtown school and a teacher who survived the attack are suing Remington Arms, the parent company of Bushmaster Firearms, which made the weapon used in the school shooting.

    Lawyers for Remington Arms sought to dismiss the lawsuit, arguing that the federal law shields gun manufacturers from most lawsuits over criminal use of their products. They said Congress passed the Protection of Lawful Commerce in Arms Act after determining such lawsuits were an abuse of the legal system.

    Judge Bellis ruled Thursday that argument would be best made in a motion later in the process and is not grounds to dismiss the lawsuit.

    Lawyers for Remington did not immediately return phone calls seeking comment.

    Joshua Koskoff, a lawyer for the families, argues there is an exception in the federal law that allows litigation against companies that know, or should know, that their weapons are likely to be used in a way that risks injury to others.

    ...
    http://www.foxnews.com/us/2016/04/15...o-forward.html
    Quote Originally Posted by Ron Paul View Post
    The intellectual battle for liberty can appear to be a lonely one at times. However, the numbers are not as important as the principles that we hold. Leonard Read always taught that "it's not a numbers game, but an ideological game." That's why it's important to continue to provide a principled philosophy as to what the role of government ought to be, despite the numbers that stare us in the face.
    Quote Originally Posted by Origanalist View Post
    This intellectually stimulating conversation is the reason I keep coming here.



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  3. #2
    Lanza, 20, killed 20 first-grade students and six educators on Dec. 14, 2012 with a Bushmaster XM15-E2S rifle that his mother had bought legally. Lanza killed his mother, Nancy Lanza, at their Newtown home with a different gun before going to the school a few miles away, and then killed himself as police arrived.
    Is there any actual evidence for this?
    "He's talkin' to his gut like it's a person!!" -me
    "dumpster diving isn't professional." - angelatc
    "You don't need a medical degree to spot obvious bullshit, that's actually a separate skill." -Scott Adams
    "When you are divided, and angry, and controlled, you target those 'different' from you, not those responsible [controllers]" -Q

    "Each of us must choose which course of action we should take: education, conventional political action, or even peaceful civil disobedience to bring about necessary changes. But let it not be said that we did nothing." - Ron Paul

    "Paul said "the wave of the future" is a coalition of anti-authoritarian progressive Democrats and libertarian Republicans in Congress opposed to domestic surveillance, opposed to starting new wars and in favor of ending the so-called War on Drugs."

  4. #3
    Hah hah...laws...lawyers...government judges.

  5. #4
    Considering that they interviewed the dead Principal after the whole thing was over, I'm still confused.

  6. #5
    I still believe it was an exercise that is ongoing. A ruse....

  7. #6
    Quote Originally Posted by dannno View Post
    Is there any actual evidence for this?
    Evidence? "We don't need no stinkin' evidence!" Just move along now.
    “The spirits of darkness are now among us. We have to be on guard so that we may realize what is happening when we encounter them and gain a real idea of where they are to be found. The most dangerous thing you can do in the immediate future will be to give yourself up unconsciously to the influences which are definitely present.” ~ Rudolf Steiner

  8. #7
    Quote Originally Posted by navy-vet View Post
    I still believe it was an exercise that is ongoing. A ruse....
    Pretty much proven at this point. The evidence that SH was a complete scam is overwhelming to those that bother to look into the details. Will be interesting to see how a lawsuit goes, however don't forget that Bushmaster is now owned by the same insider venture capital firm, Cerberus Capital (Cerberus is the multi-headed dog that guards the gates of Hell), that was bailed out of bankruptcy by the Feds when they owned Chrysler and GMAC. Not exactly what I would consider an "unbiased" entity....
    "Let it not be said that we did nothing."-Ron Paul

    "We have set them on the hobby-horse of an idea about the absorption of individuality by the symbolic unit of COLLECTIVISM. They have never yet and they never will have the sense to reflect that this hobby-horse is a manifest violation of the most important law of nature, which has established from the very creation of the world one unit unlike another and precisely for the purpose of instituting individuality."- A Quote From Some Old Book

  9. #8
    http://dailytimewaster.blogspot.com/...a-victory.html
    This afternoon, a judge issued a ruling in a lawsuit that arose out of the Sandy Hook crime , Soto v. Bushmaster, that held the defendants were entitled to immunity from the suit.

    The defendants in the case originally asked the court to dismiss the complaint under the Protection of Lawful Commerce in Arms Act (PLCAA), which was enacted in 2005 to prohibit frivolous suits against firearm makers for criminal acts committed with their products by unaffiliated third parties.

    In April, the court in the Soto case issued a highly technical ruling that found the defendants had filed the wrong type of motion to invoke the protections of the PLCAA. The court at that time expressed no opinion on the merits of either the complaint or the defenses.

    The defendants renewed their claim of immunity under the PLCAA, this time by filing “motions to strike” the plaintiffs’ claims.

    Here is the relevant language from the case under the PLCAA that the judge used:

    Congress, through the Protection of Lawful Commerce in Arms Act … has broadly prohibited lawsuits “against manufacturers, distributors, dealers, and importers of firearms … for the harm solely caused by the criminal or unlawful use of firearm products … by others when the produced functioned as designed and intended.” … The present case seeks damages for harms … that were caused solely by the criminal misuse of a weapon by [the perpetrator of the Newtown slayings]. Accordingly, this action falls squarely within the broad immunity provided by the PLCAA.
    Note that Hillary has already suggested that if elected, she would issue an executive order - essentially an act of wrongful and unconstitutional legislation from the executive - that gun manufacturers would be liable for the acts of people who acquire their products...
    Based on the idea of natural rights, government secures those rights to the individual by strictly negative intervention, making justice costless and easy of access; and beyond that it does not go. The State, on the other hand, both in its genesis and by its primary intention, is purely anti-social. It is not based on the idea of natural rights, but on the idea that the individual has no rights except those that the State may provisionally grant him. It has always made justice costly and difficult of access, and has invariably held itself above justice and common morality whenever it could advantage itself by so doing.
    --Albert J. Nock



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  11. #9
    Note that Hillary has already suggested that if elected, she would issue an executive order - essentially an act of wrongful and unconstitutional legislation from the executive - that gun manufacturers would be liable for the acts of people who acquire their products...
    Kings and Queens of the CONstitution.

    Just like the anti feds warned.
    @HVACTech

  12. #10
    Quote Originally Posted by Anti Federalist View Post
    Kings and Queens of the CONstitution.

    Just like the anti feds warned.
    @<u><a href="http://www.ronpaulforums.com/member.php?u=21031" target="_blank">HVACTech</a></u>
    Kings and Queens. Heaven and Hell. situation... NORMAL.
    Lather, rinse. and repeat. but.. you know that hero.

    do you hold the Russian Constitution in such contempt as our own?
    http://www.constitution.ru/en/10003000-01.htm
    what about the Chinese Constitution?
    http://www.npc.gov.cn/englishnpc/Con.../node_2825.htm

    is ours.. "special" to you?
    or..
    do you hate them all the same?

    I bet both the Chinese and the Russians KNOW what role a "constitution"... plays...
    do you?

    @Ender @bunklocoempire @CCTelander
    Last edited by HVACTech; 10-15-2016 at 11:39 PM. Reason: hot is on the left, cold is on the right....
    "If you can't explain it simply, you don't understand it well enough." - Albert Einstein

    "for I have sworn upon the altar of god eternal hostility against every form of tyranny over the mind of man. - Thomas Jefferson.

  13. #11
    Instead of worrying me with a bunch of nonsense, you might be better off worrying about whether the new UN regulatory fatwas are going to put you out of business.

    All legal and CONstitutional by the way.


    Quote Originally Posted by HVACTech View Post
    Kings and Queens. Heaven and Hell. situation... NORMAL.
    Lather, rinse. and repeat. but.. you know that hero.

    do you hold the Russian Constitution in such contempt as our own?
    http://www.constitution.ru/en/10003000-01.htm
    what about the Chinese Constitution?
    http://www.npc.gov.cn/englishnpc/Con.../node_2825.htm

    is ours.. "special" to you?
    or..
    do you hate them all the same?

    I bet both the Chinese and the Russians KNOW what role a "constitution"... plays...
    do you?

    @Ender @bunklocoempire @CCTelander

  14. #12
    Quote Originally Posted by Anti Federalist View Post
    Instead of worrying me with a bunch of nonsense, you might be better off worrying about whether the new UN regulatory fatwas are going to put you out of business.

    All legal and CONstitutional by the way.
    people will NOT need cooling anymore? darn...

    I HATE it when that happens!
    "If you can't explain it simply, you don't understand it well enough." - Albert Einstein

    "for I have sworn upon the altar of god eternal hostility against every form of tyranny over the mind of man. - Thomas Jefferson.

  15. #13
    Connecticut's top court to hear Sandy Hook gun appeal

    The Connecticut Supreme Court has agreed to hear a direct appeal by families of victims of the Sandy Hook Elementary School shooting, whose lawsuit against makers and sellers of the assault rifle used in the 2012 attack was dismissed in October.

    Connecticut's highest court on Tuesday said it would consider whether families of nine victims, plus one survivor, can recover damages from Remington Outdoor Co and others over the gunman's use of a Bushmaster AR-15 rifle in the attack in Newtown, Connecticut, which killed 20 students and six staffers.

    The court's decision to take the case, just two weeks after the families requested it, was announced on Thursday in a statement from the families' lawyers.

    Other defendants include the gun's distributor, and the gun shop where Adam Lanza's mother Nancy had bought the AR-15.

    A state superior court judge in Bridgeport, Barbara Bellis, had dismissed the case on Oct. 14, saying gun makers had "broad immunity" under federal law from claims that the military-style AR-15 should not be marketed to civilians.

    While the quick appeal does not foreshadow the outcome, it lets the families bypass a state appellate court, saving several months of litigation. Oral arguments have not been scheduled.

    "This case raises critical questions about reasonableness and accountability" in the sale of assault rifles, Katie Mesner-Hage, a lawyer for the families, said in a statement.

    Lawyers for Remington did not immediately respond to requests for comment. The families lawyers' did not immediately respond to similar requests.

    Bellis had ruled that the 2005 Protection of Lawful Commerce in Arms Act shielded the defendants from liability.

    The families say a state law, the Connecticut Unfair Trade Practices Act, justifies liability for the aggressive marketing of the Bushmaster to the public.

    ...
    https://www.yahoo.com/news/connectic...--finance.html
    Quote Originally Posted by Ron Paul View Post
    The intellectual battle for liberty can appear to be a lonely one at times. However, the numbers are not as important as the principles that we hold. Leonard Read always taught that "it's not a numbers game, but an ideological game." That's why it's important to continue to provide a principled philosophy as to what the role of government ought to be, despite the numbers that stare us in the face.
    Quote Originally Posted by Origanalist View Post
    This intellectually stimulating conversation is the reason I keep coming here.

  16. #14
    Could the defendants not make a valid claim of 'assumption of risk' by entering a gun free zone?

    Could the defendants not argue that gun free zones are to blame for this incident and should be found unconstitutional?

    Could the defendants not launch a wave third-party claims that the Bushmaster rifle is based on other similar models manufactured "military weapons" that are marketed just as "aggressively" on the national markets?

    Could the defendants not quash the lawsuit with affirmative defenses that include: 1) they have no such legal duty as a tort because there are no laws preventing them manufacturing or them marketing such weapons to the masses; 2) the USSC has consistently upheld that the 2nd Amend. exists in the context of protecting the keeping and bearing of military weapons among all U.S. citizens, be they civilians or military personnel; 3) that their campaign of marketing is a protected act under the 1st Amend.--and that it in no way depicts and is by no means supportive to the events that occurred throughout the Lanza incident; and 4) that the plaintiffs have failed to show how their marketing of the Bushmaster had any effect whatever on the supposed shooter Lanza?
    Last edited by Weston White; 12-04-2016 at 07:06 AM.
    The object of life is not to be on the side of the majority, but to escape finding one’s self in the ranks of the insane.” — Marcus Aurelius

    They’re not buying it. CNN, you dumb bastards!” — President Trump 2020

    Consilio et Animis de Oppresso Liber

  17. #15
    Are these same scumbag lawyers going after the car manufacturer for the recent Ohio State incident?
    “…let us teach them that all who draw breath are of equal worth, and that those who seek to press heel upon the throat of liberty, will fall to the cry of FREEDOM!!!” – Spartacus, War of the Damned

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  18. #16
    Posting for reference: http://cspsandyhookreport.ct.gov/
    The object of life is not to be on the side of the majority, but to escape finding one’s self in the ranks of the insane.” — Marcus Aurelius

    They’re not buying it. CNN, you dumb bastards!” — President Trump 2020

    Consilio et Animis de Oppresso Liber



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  20. #17
    Well, I don't know what they hope to accomplish with the lawsuit. Connecticut already tripled-down on their gun laws since Sandy Hook and no law-abiding gun owner in their right mind would (or should) ever want to step foot in that state ever again.

    Should be relatively safe now since only criminals will be using guns in that state, instead of all the other normal gun owners.
    Quote Originally Posted by timosman View Post
    This is getting silly.
    Quote Originally Posted by Swordsmyth View Post
    It started silly.
    T.S. Eliot's The Hollow Men

    "One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors." - Plato

    We Are Running Out of Time - Mini Me

    Quote Originally Posted by Philhelm
    I part ways with "libertarianism" when it transitions from ideology grounded in logic into self-defeating autism for the sake of ideological purity.

  21. #18
    What are they suing for? It was fake. Figured everyone knew that by now.
    "Let it not be said that we did nothing."-Ron Paul

    "We have set them on the hobby-horse of an idea about the absorption of individuality by the symbolic unit of COLLECTIVISM. They have never yet and they never will have the sense to reflect that this hobby-horse is a manifest violation of the most important law of nature, which has established from the very creation of the world one unit unlike another and precisely for the purpose of instituting individuality."- A Quote From Some Old Book



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