Read the Beforeitsnews.com story here. Advertise at Before It's News here.
Profile image
By Reaper (Reporter)
Contributor profile | More stories
Story Views
Now:
Last Hour:
Last 24 Hours:
Total:

Gunmaker rejected as Supreme Court lets Sandy Hook families sue

% of readers think this story is Fact. Add your two cents.



 

WASHINGTON — The U.S. Supreme Court dealt a blow to the gun industry, refusing to block a lawsuit against Remington Arms Co. by family members of nine people killed in the 2012 Sandy Hook Elementary School massacre.

The lawsuit blames the gunmaker’s marketing practices for inspiring the killer, Adam Lanza, who used a Remington-made Bushmaster XM15 military-style rifle while killing 26 people at the Connecticut school, 20 of them first-grade children.

The justices rejected Remington’s appeal Tuesday without comment or published dissent. The rebuff leaves intact a Connecticut Supreme Court ruling that carved a way around a 2005 federal law enacted to shield the gun industry from lawsuits. Gun-rights advocates including the National Rifle Association had urged the high court to hear Remington’s appeal.

The Connecticut court decision “threatens to unleash a flood of lawsuits nationwide that would subject lawful business practices to crippling litigation burdens,” Remington argued in its appeal.

The families said in court papers that Remington “chose to market the XM15-E2S as a highly lethal weapon designed for purposes that are illegal — namely, killing other human beings.”

The Supreme Court’s decision to let the suit go forward could give the families access to company documents and internal communications, information that could help others seeking to press similar suits.

The 2005 Protection of Lawful Commerce in Arms Act insulates gun manufacturers and merchants but makes an exception if a company has “knowingly violated a state or federal statute applicable to the sale or marketing of the product.”

Remington said the clause, known as the “predicate exception,” covers only laws that explicitly regulate the firearms business, not general consumer-protection statutes like the Connecticut law.

“The Connecticut Supreme Court gave the predicate exception such a broad reading that it threatens to swallow the PLCAA’s immunity rule,” the company argued.

The Connecticut court said in a 4-3 vote that the exception lets the families sue over Remington’s marketing practices under Connecticut’s unfair trade practices law.

“If Congress had intended to limit the scope of the predicate exception to violations of statutes that are directly, expressly, or exclusively applicable to firearms, however, it easily could have used such language, as it has on other occasions,” said the majority opinion.

The Supreme Court’s refusal to hear the case lets it sidestep a divisive and emotional clash. The justices are already scheduled to hear one gun case, a fight scheduled for argument Dec. 2 over New York restrictions on where handguns can be taken.

Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Please Help Support BeforeitsNews by trying our Natural Health Products below!

Join our affiliate program and earn extra money by sharing with friends and family or by posting on your social media.

Order by Phone at 888-809-8385 or online at www.mitocopper.com


Get our Free Ebook, "Suppressed Health Secrets"  with  Natural Cures THEY don't want you to know!

APeX - Far superior to colloidal silver! Destroys Viruses, Bacteria, Pathogens with Oxygen plus Silver!

Supreme Fulvic - Nature's most important supplement! Vivid Dreams again!

Ultimate Curcumin - Natural pain relief, reduce inflammation and so much more.

MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)
Oxy Powder - Natural Colon Cleanser!  Cleans out toxic buildup with oxygen! 
Organic Hemp Extract (CBD) - Full Spectrum high CBD (3300mg) hemp extract eases stiff joints, relieves stress and more!
Nascent Iodine - Promotes detoxification, mental focus and thyroid health.
Smart Meter Cover -  Reduces Smart Meter radiation by 96%!  (See Video)


FINAL WARNING!  Diseases are EXPLODING!  Watch this Video about APeX and You'll THROW AWAY Your Colloidal Silver!  APeX destroys Viruses, Bacteria and other Pathogens with the power of Oxygen PLUS Silver!  Nobody else has a product like THIS!   See why the inventor hasn't been sick in 16 years and why you'll never hear about it on the FAKE NEWS!  Get some now and tell your friends about it too so we can reach more people!  


APeX Interview - Superior to Colloidal Silver from Lee Canady on Vimeo.


Learn about APeX Here and Get the 50 Page Report in PDF format.   Call us at 888-809-8385 to order by phone.



Report abuse
Loading...
    Loading...

    Comments

    Your Comments
    Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

    MOST RECENT
    Loading...
    Load more ...

    SignUp

    Login

    Newsletter

    Email this story
    Email this story

    If you really want to ban this commenter, please write down the reason:

    If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.