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