Supreme Court lets Sandy Hook families' lawsuit against gunmaker proceed

Started by Bronx, November 12, 2019, 10:32:14 AM

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Bronx

Will this ruling open the door for other situations and companies to be sued...? In a car wreck can Ford, Chevy, etc be sued for selling the car that was in an accident. Can the makers of airplanes be sued for selling a plane to an airline company when something terrible goes wrong, so on and so on.

I really don't understand the SCOTUS ruling on this. Are they saying that Remington knew well in advance that the killer would take his mother's gun, kill her, then go onto killing other people....?

Please someone explain this.

Supreme Court lets Sandy Hook families' lawsuit against gunmaker proceed

In an order released Tuesday, the Supreme Court allowed families of Sandy Hook victims to proceed with a lawsuit against gun manufacturer Remington Arms despite the company's claims that it was protected from liability by federal law.

Remington had petitioned the Supreme Court to reverse a March 2019 decision by the Connecticut Supreme Court, which ruled 4-3 that Remington could be sued under state law over its marketing practices, citing one of the few exemptions to the federal law.


The gunmaker argued that the state court's interpretation of the marketing exemption is, "intolerable given Congress's 'intention to create national uniformity'" with the federal law, the Protection of Lawful Commerce in Arms Act. "As the dissenters below noted, lawsuits like this one are precisely the kind the PLCAA was enacted to prevent."

READ MORE HERE...
https://www.foxnews.com/politics/scotus-lets-sandy-hook-families-lawsuit-against-gunmaker-proceed
People sleep peacefully at night because there are a few tough men prepared to do violence on their behalf.

A foolish man complains about his torn pockets.

A wise man uses it to scratch his balls.

Killer Clouds

Quote from: Bronx on November 12, 2019, 10:32:14 AM
Will this ruling open the door for other situations and companies to be sued...? In a car wreck can Ford, Chevy, etc be sued for selling the car that was in an accident. Can the makers of airplanes be sued for selling a plane to an airline company when something terrible goes wrong, so on and so on.

I really don't understand the SCOTUS ruling on this. Are they saying that Remington knew well in advance that the killer would take his mother's gun, kill her, then go onto killing other people....?

Please someone explain this.

Supreme Court lets Sandy Hook families' lawsuit against gunmaker proceed

In an order released Tuesday, the Supreme Court allowed families of Sandy Hook victims to proceed with a lawsuit against gun manufacturer Remington Arms despite the company's claims that it was protected from liability by federal law.

Remington had petitioned the Supreme Court to reverse a March 2019 decision by the Connecticut Supreme Court, which ruled 4-3 that Remington could be sued under state law over its marketing practices, citing one of the few exemptions to the federal law.


The gunmaker argued that the state court's interpretation of the marketing exemption is, "intolerable given Congress's 'intention to create national uniformity'" with the federal law, the Protection of Lawful Commerce in Arms Act. "As the dissenters below noted, lawsuits like this one are precisely the kind the PLCAA was enacted to prevent."

READ MORE HERE...
https://www.foxnews.com/politics/scotus-lets-sandy-hook-families-lawsuit-against-gunmaker-proceed

Those are my thoughts exactly.  How is it Remington's fault?  I guess if someone is killed then the manufacturer of the murder weapon is liable? Does that include things like knives and baseball bats on so on? If someone dies in a motorcycle accident can the family sue the manufacturer for selling a dangerous product? Can supreme court justices be impeached and removed for not following the law?

tiny1

They have not been found Culpable, the Court is only ALLOWING this suit to go forward, because of a certain EXEMPTION in the law.  The majority of the State Supremes also said it may be a "Herculean task" for the families to prove their case at trial.


Sick Of Silence

It should never be allowed to go through. It is a frivilus lawsuit with no merit.
With all these lawyers with cameras on the street i'm shocked we have so much crime in the world.

There is constitutional law and there is law and order. This challenge to law and order is always the start to loosing our constitutional rights.

Frauditors are a waste of life.

carolina73

Just the legal community getting together to bilk businesses out of money.

As I understaad it, they are trying to blame it on the advertising used and not the product to get around the immunity for gun manufacturers. Same approach they took with tabacco and drug manufacturers.

We badly need to reign in law suits in the USA.

ConservativeInCT

Having lived in Connecticut all my life, and having experienced the fall out of Sandy Hook and the fear of it, I still do not agree with what they are doing here. The Sandy Hook families, may their children rest in peace, are like Tyrants over this stuff. Anyone who has researched this tragedy knows that it was not the fault of the gunmakers, it was the fault of Adam Lanza's mother who improperly locked her weapons knowing the capabilities of her son. Sadly, the state and families could not go after her, as she was killed. So they have settled for the next best thing, the gun companies. As bad as I feel for them (Having been to some of the vigils myself back in the day) I do not support this at all.

Killer Clouds

Quote from: ConservativeInCT on November 13, 2019, 03:28:08 AM
Having lived in Connecticut all my life, and having experienced the fall out of Sandy Hook and the fear of it, I still do not agree with what they are doing here. The Sandy Hook families, may their children rest in peace, are like Tyrants over this stuff. Anyone who has researched this tragedy knows that it was not the fault of the gunmakers, it was the fault of Adam Lanza's mother who improperly locked her weapons knowing the capabilities of her son. Sadly, the state and families could not go after her, as she was killed. So they have settled for the next best thing, the gun companies. As bad as I feel for them (Having been to some of the vigils myself back in the day) I do not support this at all.
The only person to blame is Adam Lanza. Period.

ConservativeInCT

Quote from: Killer Clouds on November 13, 2019, 03:33:42 AM
The only person to blame is Adam Lanza. Period.

Exactly! It was his doing, not the gun. Only problem is the families cannot get any money out of him.

walkstall

Quote from: ConservativeInCT on November 13, 2019, 03:35:22 AM
Exactly! It was his doing, not the gun. Only problem is the families cannot get any money out of him.

I would say the lawyers are push this for the money they can make off this big time also. 
A politician thinks of the next election. A statesman, of the next generation.- James Freeman Clarke

Always remember "Feelings Aren't Facts."

ConservativeInCT

Quote from: walkstall on November 13, 2019, 04:28:12 AM
I would say the lawyers are push this for the money they can make off this big time also.

Other thing is no one will say anything here. If you point our the fault in this, your against the families and the victims. The language has become so distorted it is unbelievable.

Possum

Quote from: ConservativeInCT on November 13, 2019, 05:11:37 AM
Other thing is no one will say anything here. If you point our the fault in this, your against the families and the victims. The language has become so distorted it is unbelievable.
You just nailed why this is an uphill battle for remington, a jury will have a hard time rendering a verdict based on facts and not emotions. What I do not understand, where was this advertisement?, on t.v?, magazines?, web? How can a prosecutor prove the shooter saw any of the advertisement? I see a case where there should be no way remington can lose, but I can see no way they will win.

ConservativeInCT

Quote from: s3779m on November 13, 2019, 05:43:58 AM
You just nailed why this is an uphill battle for remington, a jury will have a hard time rendering a verdict based on facts and not emotions. What I do not understand, where was this advertisement?, on t.v?, magazines?, web? How can a prosecutor prove the shooter saw any of the advertisement? I see a case where there should be no way remington can lose, but I can see no way they will win.

I don't think they will win. Of course any Jury would have a hard time separating the facts from emotions, but I think most can make the distinction that Remington guns did not kill those children, but instead that the sick man behind the gun did. The state of Connecticut are cowards to them but on a federal level, not a chance.