US: Court rules gun maker can be sued over Newtown shooting - PressFrom - US
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USCourt rules gun maker can be sued over Newtown shooting

19:16  14 march  2019
19:16  14 march  2019 Source:   msn.com

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The Sandy Hook Elementary School shooting occurred on December 14, 2012, in Newtown , Connecticut, United States, when 20-year-old Adam Lanza fatally shot 20 children between six and

a mass shooting . But lawyers representing the gun maker argued that the suit should be thrown out In her ruling , Judge Barbara Bellis of State Superior Court did not agree with their argument. Gun dealers had been sued on these grounds in the past, but the Sandy Hook lawsuit is the first time

Court rules gun maker can be sued over Newtown shooting© The Associated Press FILE - In this Jan. 28, 2013, file photo, firearms training unit Detective Barbara J. Mattson, of the Connecticut State Police, holds a Bushmaster AR-15 rifle, the same make and model used by Adam Lanza in the 2012 Sandy Hook School shooting, during a hearing at the Legislative Office Building in Hartford, Conn. A divided Connecticut Supreme Court ruled, Thursday, March 14, 2019, gun maker Remington can be sued over how it marketed the Bushmaster rifle used in the massacre. (AP Photo/Jessica Hill, File)

HARTFORD, Conn. — Gun maker Remington can be sued over how it marketed the Bushmaster rifle used to kill 20 children and six educators at Sandy Hook Elementary School in 2012, a divided Connecticut Supreme Court ruled Thursday.

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Judge makes ruling on Newtown lawsuit against gun maker . Judge Barbara Bellis ruled Thursday that a federal law protecting gun - makers from lawsuits does not prevent lawyers for the families of Sandy Hook victims from arguing that the AR-15 semi-automatic rifle is a military weapon and should

(AP) — With both gun rights supporters and gun control advocates nationwide looking on, lawyers for Newtown families and gun maker Remington Arms are The high court 's ruling , which isn't expected for several months, won't set a national legal precedent, but could be cited in similar future lawsuits in

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.

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The Connecticut Supreme Court is set to hear arguments on whether gun maker Remington Arms should be held liable for the 2012 Newtown school massacre. The high court ’s ruling , which isn’t expected for several months, won’t set a national legal precedent, but could be cited in similar future

The lawsuit brought by family members of those killed in the massacre at Sandy Hook Elementary School has been watched closely over years of winding its way through the court system. But a new hurdle stands in the way of a much-awaited ruling .

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.

Lanza, 20, shot his way into the locked school in Newtown on Dec. 14, 2012, and killed 20 first-graders and six educators with a Bushmaster XM15-E2S rifle, similar to an AR-15. He shot his mother to death in their Newtown home beforehand, and killed himself as police arrived at the school.

Connecticut's child advocate said Lanza's severe and deteriorating mental health problems, his preoccupation with violence and access to his mother's legal weapons "proved a recipe for mass murder."

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.

Connecticut Supreme Court says Sandy Hook families can sue gun manufacturer Remington

Connecticut Supreme Court says Sandy Hook families can sue gun manufacturer Remington The Connecticut Supreme Court Thursday narrowly reversed a ruling by a lower court judge dismissing a lawsuit by the families of victims of the Sandy Hook shooting against Remington Arms Company, allowing the case to proceed. 

Superior Court Judge Barbara Bellis said that a 2005 federal law protecting gun - makers from lawsuits does not prevent lawyers for the victims' families from Lawyers for Remington Arms sought to dismiss the lawsuit, arguing that the federal law shields gun manufacturers from most lawsuits over criminal

The defense invoked a 2005 law that essentially gives immunity to gunmakers from most lawsuits over the criminal use of their guns .Video provided by Newsy Newslook.

"The families' goal has always been to shed light on Remington's calculated and profit-driven strategy to expand the AR-15 market and court high-risk users, all at the expense of Americans' safety," Koskoff said Thursday. "Today's decision is a critical step toward achieving that goal."

Military-style rifles have been used in many other mass shootings, including in Las Vegas in October 2017 when 58 people were killed and hundreds more injured.

The case was watched by gun rights supporters and gun control advocates across the country as one that could affect other cases accusing gun-makers of being responsible for mass shootings. Several groups, ranging from the National Rifle Association to emergency room doctors, submitted briefs to the court.

The 2005 federal law, named the Protection of Lawful Commerce in Arms Act, has been cited by other courts that rejected lawsuits against gun makers and dealers in other high-profile shooting attacks, including the 2012 Colorado movie theater shooting and the Washington, D.C., sniper shootings in 2002.

James Vogts, a lawyer for Remington, has cited the 2005 federal law and previously said the Bushmaster rifle is a legal firearm used by millions of people for hunting, self-defense and target shooting.

Remington, based in Madison, North Carolina, filed for bankruptcy reorganization last year amid years of slumping sales and legal and financial pressure over the Sandy Hook school massacre.

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