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Court Allows Newtown Suit Against Remington to Proceed

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  • Court Allows Newtown Suit Against Remington to Proceed

    https://www.usatoday.com/story/news/nation/2019/03/14/sandy-hook-shooting-gunmaker-remington-can-sued-court-rules/3162168002/

    Justices issued a 4-3 decision that reinstated a wrongful death lawsuit and overturned a lower court ruling that the lawsuit was prohibited by a 2005 federal law that shields gun manufacturers from liability in most cases when their products are used in crimes.

    The plaintiffs include a survivor and relatives of nine people killed in the massacre. They argue the AR-15-style rifle used by shooter Adam Lanza is too dangerous for the public and Remington glorified the weapon in marketing it to young people.

    Remington has denied wrongdoing and previously insisted it can’t be sued under the federal law.

    The majority of the high court agreed with most of the lower court’s ruling and dismissed most of the lawsuit’s allegations, but allowed a wrongful marketing claim to proceed.

    “The regulation of advertising that threatens the public’s health, safety, and morals has long been considered a core exercise of the states’ police powers,” Justice Richard Palmer wrote for the majority.


    As a guy who works in marketing, I'd be fascinated to be able to watch the arguments on this case. I have no idea what marketing materials the plaintiffs presented in this case, but I have flipped through some issues of Recoil magazine lately. Suddenly the way Hodge Defense handles their marketing looks like a genius move from a liability standpoint. (http://www.hodgedefense.com/)

    I'm guessing this is going to go to the SCOTUS, and it will be very interesting to see how it proceeds. Aside from implications for the firearms industry, I'm guessing 1st amendment issues will be raised. If this lawsuit succeeds, then it will obviously impact other industries as well. The auto manufacturers selling sports cars are suddenly going to shy away from showing burnouts and intense driving in their commercials.
    NRA Life Member
    NRA Basic Rifle Instructor
    www.unconvictedfelon.com
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    I was thinking of his cannon.

  • #2
    This is dangerous. I'm sure (hope) it's going to go to SCOTUS and be thrown out.
    Old enough to know better, still too young to care

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    • #3
      Joshua Koskoff, a lawyer for the plaintiffs, told the state Supreme Court during arguments in November 2017 the Bushmaster rifle and other AR-15-style rifles were designed as military killing machines and should never have been sold to the public.
      This narrative is really starting to piss me off, because it's an all out lie, yet the media and ignorant public eat it up.
      Last edited by camper4lyfe; 03-14-2019, 02:27 PM.
      Old enough to know better, still too young to care

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      • #4
        The fact that they're using Newtown to fight this is just sad. The fact that that Lanza kid KILLED HIS OWN MOTHER then STOLE THE GUNS, should void any and all lawsuits against anyone anyway.
        Old enough to know better, still too young to care

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        • #5
          Unless there are some really provocative Bushmaster ads that they're bringing up as exhibits in the case, I have a hard time seeing how even this lower court didn't toss the suit. Bushmaster and Remington advertising is some pretty tame and boring stuff compared to other manufacturers.

          If they're suggesting all firearm advertising "threaten's the public's health" then these lawyers must be thrilled that the Connecticut Supreme Court ruled that they can continue padding their retirement accounts. The poor folks being represented by these lawyers are probably paying a lot to keep this nonsense case going.
          NRA Life Member
          NRA Basic Rifle Instructor
          www.unconvictedfelon.com
          www.facebook.com/blackcoyotesrt

          I was thinking of his cannon.

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          • #6
             
            “The function of the law is not to provide justice or to preserve freedom. The function of the law is to keep those who hold power in power.” – Gerry Spence

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            • #7
              So X% of the population believes the Constitution is an outdated and flawed document that should and can be ignored or reinterpreted as they see fit. The other half believes in the constitution and the rule of law. One half believes in individual freedom and limited government. The other half believes in collectivism and increasing government power over our lives.

              These are some pretty substantial divisions in our country that the current level of debate and political conversation don't appear capable of solving.
              NRA Life Member
              NRA Basic Rifle Instructor
              www.unconvictedfelon.com
              www.facebook.com/blackcoyotesrt

              I was thinking of his cannon.

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