Gun maker gets Newtown lawsuit moved to federal court

[Omaha Steve]

Source: AP-Excite

By PAT EATON-ROBB

HARTFORD, Conn. (AP) — Gun maker Remington has moved a lawsuit filed against it by families of those shot in the Sandy Hook school massacre from state to federal court, where at least one expert says it has less chance of succeeding.

Nine families sued Remington and others in Bridgeport Superior Court in December arguing the Bushmaster AR-15 rifle used in the shooting should not have been sold for civilian use because of its overwhelming firepower. A 10th family joined the lawsuit adding a wrongful death claim.

The case was placed before U.S. District Judge Robert Chatigny last week after Remington argued that since they are located in North Carolina and not Connecticut, federal court was a more proper jurisdiction.

Timothy Lytton, a professor at the Albany Law School who has written extensively about suing the gun industry, said getting the case into the 2nd U.S. Circuit, of which Connecticut is a part, is a victory for the defendants.

FULL story at link.


Read more: http://apnews.excite.com/article/20150122/us--newtown_school_shooting-4b59d0aae0.html

[cstanleytech]

1. Unless they can prove Remington broke a law I dont hold out hope of the families winning and

I doubt Remington will settle either because that would just make them a target for similar lawsuits.

[Lurks Often]

2. It is a weak case to begin with that just got dealt a major blow

From the link: "The 2nd Circuit has previously refused to hold gun manufacturers liable or permit lawsuits against gun manufacturers for injuries caused by third parties," he said. "It has a history of knocking these types of cases down."

I only hope the lawyers are footing the bill for the case and not the families.

[Recursion]

3. The dealer is a much better legal target here, IMO (nt)

[Shamash]

4. The problem with that

is that implies that if a murderer steals a weapon from someone who followed all local, state and federal laws to acquire it, that the dealer who likewise followed those laws when selling it is somehow liable for its misuse.

It would be like suing a Ford dealer if someone carjacked an Explorer and then deliberately ran it into a crowd. Or for that matter, suing Wal-Mart (or wherever) for selling box cutters to the 9/11 hijackers.

Regardless of one's opinions on guns, the law is meant to be a shield for those who follow it. Trying to make a case that someone is civilly liable for obeying the law is going to be an uphill battle.

[Recursion]

5. See the "Ring of Fire" prosecutions from 20 years ago

There is precedent for this. (Now, whether it applies to Newtown, I have no idea.)

[sweetapogee]

8. find out

we need to know.

[hack89]

6. What if the dealer followed every state and federal law?

what grounds is there to go after him?

[Recursion]

7. Infractions can be manufactured if they do not exist

(sorry, that's sarcasm, if it's not clear.)

The FFL is where the rubber meets the road legally, and so it's where the shit also needs to hit the fan, if you'll pardon a mixing of metaphors.

I honestly doubt any suit from Newtown could get much progress, but in general I'm inclined to pressure dealers more than manufacturers. And I imagine the dealer might take a settlement that would make other dealers more cautious about selling, which I'm for.