Lawsuit against Bushmaster allowed to proceed

Pushrod · Apr 14, 2016

http:// http://www.theatlantic.com/national/archive/2016/04/sandy-hook-guns-lawsuit/478314/

The judge refused to throw it out agreeing with the plaintiffs that the Bushmaster rifle is a military rifle and should have never been sold to civilians.

This is bad. Real, real bad. If they win this lawsuit against Bushmaster we can kiss our Second Amendment protections goodbye.

POP57 · Apr 14, 2016

I had to edit your link for it to work

http://www.theatlantic.com/national/archive/2016/04/sandy-hook-guns-lawsuit/478314/

Pushrod · Apr 14, 2016

POP57 said:
I had to edit your link for it to work

http://www.theatlantic.com/national/archive/2016/04/sandy-hook-guns-lawsuit/478314/

Sorry, posted it from my kindle tablet. My cut and past-foo is lacking.

lx1x · Apr 14, 2016

Edit:

https://en.m.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act

Few cases have been dismissed..

It will be interesting case...

Them relying on the sales ad make bushmaster liable. Will have to see. "Proven in combat" doesn't mean kill as you wish with their rifles.

erwos · Apr 14, 2016

My understanding is that no ruling has been made yet vis a vis PLCAA, and The Atlantic jumped the gun on this. The suit is going to fail miserably - the reason this attack is untested is because it's amazingly stupid. There's no "waah, the advertising!" exemption.

adit · Apr 14, 2016

erwos said:
My understanding is that no ruling has been made yet vis a vis PLCAA, and The Atlantic jumped the gun on this. The suit is going to fail miserably - the reason this attack is untested is because it's amazingly stupid. There's no "waah, the advertising!" exemption.

http://www.reuters.com/article/us-connecticut-shooting-idUSKCN0XB2DF

Superior Court Judge Barbara Bellis declined to dismiss it, saying the gunmaker, a unit of Madison, North Carolina-based Freedom Group Inc, had not proven that the Protection of Lawful Commerce in Arms Act stopped her from hearing the case.

"The Superior Court has subject matter jurisdiction over a wrongful death action where the injury arose out of conduct by the defendants," Bellis wrote. "Any immunity that PLCAA may provide does not implicate this court's subject matter jurisdiction."

reddobie0 · Apr 14, 2016

EL1227 · Apr 14, 2016

This will never pass muster. If it f

Does it opens the door to litigation for misuse of automobiles, and any other device that humans abuse. The progressives will try to limit it to firearms, but it won't fly given the broad implication. That doesn't mean they won't try though.

BUFF7MM · Apr 14, 2016

EL1227 said:
This will never pass muster. If it f

Does it opens the door to litigation for misuse of automobiles, and any other device that humans abuse. The progressives will try to limit it to firearms, but it won't fly given the broad implication. That doesn't mean they won't try though.

Exactly my thinking also, no way it will fly.

davsco · Apr 14, 2016

sad indeed, blame everyone but the one(s) actually responsible. seriously, how many laws did this guy break (murder amongst them) and we're gonna blame it on the piece of equipment he used.

surely if he used a humvee to run over a soccer field of kids at recess no one would be suing them.

Sundazes · Apr 14, 2016

I need to sue the Chinese for the bad orange chicken I got the other day. I want reimbursement for the TP and water I used.
Can I sue Chevy since I got hit by a Tahoe?

MDFF2008 · Apr 14, 2016

What a better way to kill the capitalist system. Allow businesses to be sued to death, then replace them with government agencies and corporations, which have sovereign immunity.

lx1x · Apr 14, 2016

sundazes said:
I need to sue the Chinese for the bad orange chicken I got the other day. I want reimbursement for the TP and water I used.
Can I sue Chevy since I got hit by a Tahoe?

Still waiting on lawsuit against chipotle..

Brooklyn · Apr 14, 2016

More judicial misconduct...

What a surprise..

foxtrapper · Apr 14, 2016

Have these families sued the Lanza estate? I haven't heard a thing about that. It would be another loser lawsuit like this one, so why not? It's not stopping them with this gun lawsuit. It's all the anti gun agenda. That's all it's ever been about.

Don H · Apr 14, 2016

Doesn't this apply?

Protection of Lawful Commerce in Arms Act,
https://www.gpo.gov/fdsys/pkg/PLAW-109publ92/html/PLAW-109publ92.htm

montoya32 · Apr 14, 2016

Who do you sue when someone falls off of a cliff or drowns in the ocean? This lawsuit is nothing more than an attempt to vilify the firearms industry and draw attention to the liberal agenda. Nothing more. There is no way they can believe they will win. I wonder how much of Bloomberg money is wrapped up in this.

erwos · Apr 14, 2016

adit said:
http://www.reuters.com/article/us-connecticut-shooting-idUSKCN0XB2DF

Yes. But the wording here is complicated. Let me highlight the important part:

Superior Court Judge Barbara Bellis declined to dismiss it, saying the gunmaker, a unit of Madison, North Carolina-based Freedom Group Inc, had not proven that the Protection of Lawful Commerce in Arms Act stopped her from hearing the case.

"The Superior Court has subject matter jurisdiction over a wrongful death action where the injury arose out of conduct by the defendants," Bellis wrote. "Any immunity that PLCAA may provide does not implicate this court's subject matter jurisdiction."

Basically, she is saying that she can hear the case because the PLCAA doesn't demand that she summarily dismiss, but PLCAA still applies. The refusal to summarily dismiss is idiotic and probably politically-driven - and will make her look extremely stupid on appeal - but she is not saying the PLCAA doesn't grant immunity in this case.

In fact, this is extremely bad news for the plaintiffs. They're not going to win. This is only driving up the legal bills for the defense, which the plaintiffs will be obligated to pay once the judge inevitably rules for the defendant due to PLCAA immunity.

Schipperke · Apr 14, 2016

Why they no sue whoever made the bullets?

dogbone · Apr 14, 2016

Schipperke said:
Why they no sue whoever made the bullets?

Maybe they saw what happened with the suit against Lucky Gunner.

http://www.mdshooters.com/showthread.php?t=177008&highlight=lucky+gunner

Lawsuit against Bushmaster allowed to proceed

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