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Supreme Court Allows Sandy Hook Relatives to Sue Gun Maker (nytimes.com) (time.com) - Nov 12 2019

Posted on in Personal Injury

Topics: RemingtonSandy HookNational Rifle Associationfederal shield lawcriminal misusefirearm industryyear campaign

  • The Newtown families' lawyers have asked for internal Remington documents, market research, emails and other communications related to the company's marketing practices.
  • At the time, the firearms industry and President George W. Bush, who signed the law, said it was necessary to protect gun makers from " frivolous lawsuits " that could bankrupt the companies.
  • In a major blow to the firearms industry, the U.S. Supreme Court will not block the families of victims of the Sandy Hook shooting from suing the gun maker Remington.
  • The nation's highest court on Tuesday denied an appeal by the Remington Arms Company to review a lower court's ruling that allowed the families to take on the gun maker in court over how it marketed the rifle used in the 2012 school massacre.
  • One of the weapons Adam Lanza used at Sandy Hook was an AR-15 style Bushmaster.
  • The Court's decision not to take on the Remington case is significant and suggests the court is not yet willing to weigh in on challenges to a federal law that has protected gun companies from lawsuits since it was enacted in 2005.
  • Remington argued it was protected under the law, but the families' suit said the federal law did not apply because they were accusing Remington of violating state laws in the marketing of the weapon.
  • The case will be remanded back to the state court for further proceedings against Remington.

 

Victims of mass shootings deserve justice. Gun manufacturers should be held accountable for the deaths and injuries of the innocent victims. We are here to help. For more information, including an explanation of what to expect in the legal process, a checklist for parents and victims, answers to frequently asked questions, and other information, please click here, call or text Hurley McKenna & Mertz, P.C. today at 312.553.4900.

 

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