Gun Industry-throw out Sandy Hook lawsuit

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  • Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,230
    Montgomery County
    Haven't read the petition yet. One would hope that at least four of the Justices would immediately grasp that allowing this assault on the manufacturer (via their legal expense budget) would open a floodgate of similar (and similarly baseless, but hideously expensive) attacks - exactly, precisely the sort of thing the law in question anticipated and explicitly sought to prevent. It seems like a short and sweet case for them, and one that would have a huge preventative impact. I shall lift a hopeful drink to and sacrifice some nachos in the name of Certiorus, The God Of Cert-Giving.
     

    frogman68

    товарищ плачевная
    Apr 7, 2013
    8,774
    Can't wait till a Hellcat runs into me , I will sue Chrysler SMH
     

    Dingo3

    Ultimate Member
    Apr 4, 2013
    2,777
    Fredneck
    Can I sue Ford? My mother was pregnant with me and driving a Pinto when it was t-boned. Didn’t explode but it must have been traumatic for an in utero Dingo3
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Haven't read the petition yet. One would hope that at least four of the Justices would immediately grasp that allowing this assault on the manufacturer (via their legal expense budget) would open a floodgate of similar (and similarly baseless, but hideously expensive) attacks - exactly, precisely the sort of thing the law in question anticipated and explicitly sought to prevent. It seems like a short and sweet case for them, and one that would have a huge preventative impact. I shall lift a hopeful drink to and sacrifice some nachos in the name of Certiorus, The God Of Cert-Giving.

    Its not whether this is an important case, or wrongly decided. 4 justices also have to agree that its more important than 6920 other petitions.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Kopel:

    https://reason.com/2019/09/04/amicu...un-manufacturers-invokes-ny-times-v-sullivan/

    As Remington's cert. petition points out, the 4-3 Connecticut decision is contrary to the text and legislative history of PLCAA, and contrary to PLCAA cases around the nation. An amicus brief from several state Attorneys General describes the harm that the Connecticut decision does to PLCAA's policy of cooperative federalism. The statutory interpretation arguments are elaborated in a brief by 22 members of the House of Representatives. Gun Owners of America concentrates on canons of statutory construction. The National Rifle Association and the Connecticut Citizens Defense League point out that allowing the Connecticut decision to stand will nullify PLCAA and lead to the destruction of the firearms industry. The National Shooting Sports Foundation–one of the trade associations that was targeted in the abusive lawsuits–addresses the doctrine of constitutional avoidance: if a statute can be interpreted in two ways, and one interpretation would raise serious constitutional problems, then the other interpretation should be preferred.

    My brief provides a different perspective, examining PLCAA in the broader context of abusive lawsuits against the exercise of constitutional rights–in particular, the abusive libel suits that led to the Supreme Courts's 1964 decision New York Times v. Sullivan.

    As the brief explains, before and during the Civil Rights movement, abusive tort actions were used to silence newspapers that exposed abuses in the Jim Crow South. Civil rights

    please read the whole post, as well as the underlying amicus brief.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,357
    SoMD / West PA
    The writeup from courthousenews:

    “If the lower court’s opinion stands, firearm manufacturers and sellers will inevitably suffer economically (through verdicts and litigation expenses), potentially driving them out of the firearm business if not bankrupting them outright,” the brief states.

    Sweeney says this in turn will leave “law-abiding citizens … unable to exercise their right to keep and bear arms because they will have nowhere to acquire those arms.”

    Essentially, “the Second Amendment right would be meaningless if Americans cannot acquire firearms because of liability imposed upon the firearm industry for the criminal misuse of firearms by third parties,” the brief continues.

    https://www.courthousenews.com/sandy-hook-gun-fight-draws-gop-to-high-court/
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,866
    Rockville, MD
    The goal of PLCAA repeal is absolutely to destroy the firearms industry, just like nonsense verdicts did to the Ring of Fire manufacturers in Cali in the 90's. Even just _defending_ against the lawsuits is going to be enough to bankrupt it, even if they prevail in the end. The best case scenario in that situation is some sort of tobacco-MSA-like settlement where lawsuits are prevented if they stop producing "assault weapons" and "high-capacity magazines" and have very firm advertising limits, not to mention paying ruinous fines. It's total nonsense, but it's unfortunately a very real possibility.
     

    Sirex

    Powered by natural gas
    Oct 30, 2010
    10,380
    Westminster, MD
    If gun manufacturers can be held liable for abuses by people, I am suing Ben and Jerry's for making me fat and Facebook for hurting my delicate feelings.
     

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