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Message
Posted on 11/12/19 at 9:58 am to nugget
Still having trouble finding the actual "ruling", however if it is as written above, that Cert was denied, there are all kinds of issues with ultimate proof and a 2nd trip up to SCOTUS.
If the Complaint allegations fall within the ambit of the exception, the case can proceed. Proving the exception is for another day.
If the Complaint allegations fall within the ambit of the exception, the case can proceed. Proving the exception is for another day.
Posted on 11/12/19 at 10:00 am to Codythetiger
Is this SCOTUS or the Connecticut Supreme Court?
This post was edited on 11/12/19 at 10:02 am
Posted on 11/12/19 at 10:03 am to MrLarson
So did Roberts show his liberal tendencies again, by siding with the loons?
Posted on 11/12/19 at 10:03 am to dafif
This is such a bad article.
You can't tell if it's SCOTUS or the Connecticut Supreme Court.
They don't say how the justices ruled. Makes be believe it's the Connecticut Supreme Court.
You can't tell if it's SCOTUS or the Connecticut Supreme Court.
They don't say how the justices ruled. Makes be believe it's the Connecticut Supreme Court.
Posted on 11/12/19 at 10:04 am to OchoDedos
quote:
So did Roberts show his liberal tendencies again, by siding with the loons?
Never mind
Posted on 11/12/19 at 10:05 am to OchoDedos
quote:
So did Roberts show his liberal tendencies again, by siding with the loons?
I checked the SCOTUS blog and no mention of this case. I believe this is the Connecticut Supreme Court not the U.S. Supreme Court.
Posted on 11/12/19 at 10:05 am to MrLarson
quote:
SCOTUS To Allow Survivors Of Sandy Hook To Sue Remington
did not read the entire thread....the little i did read was all getting sucked into the wrong argument (at least partially).
my argument would be that apparently, there is no such thing as PERSONAL RESPONSIBILITY?? WTF??
Posted on 11/12/19 at 10:06 am to Screaming Viking
quote:
did not read the entire thread
Pretty sure this is the Connecticut Supreme Court. Not the U.S. Supreme Court.
Massive difference.
ETA: Easy mistake to make. The article is not clear probably intentionally not clear. Typical Fake News.
This post was edited on 11/12/19 at 10:08 am
Posted on 11/12/19 at 10:07 am to GumboPot
quote:
I believe this is the Connecticut Supreme Court not the U.S. Supreme Court.
I thought this might be the case but the article says that the Connecticut Supreme Court had already ruled in favor 4-3 that it could proceed.
From an article in August
LINK
quote:
In its 277-page petition for a writ of certiorari, the gun-maker cited the federal Protection of Lawful Commerce in Arms Act that is meant to shield firearm makers from liability when their products are used in acts of violence. Its product was what gunman Adam Lanza used to kill 20 schoolchildren and six teachers at the school.
But in March, Connecticut’s high court rejected that argument, and ruled Remington could be sued under an exception to the PLCAA, which allowed for legal action to proceed under state law regarding the sale and marketing of firearms.
In the opening comments of its appeal to the U.S. Supreme Court, Remington makes it clear it is pinning its hopes on the 2005 federal law.
“The Protection of Lawful Commerce in Arms Act ‘generally preempts claims against manufacturers and sellers of firearms and ammunition resulting from the criminal use of those products,”‘ the company wrote in its appeal.
The appeal also states: “The Connecticut Supreme Court below held that the PLCAA’s predicate exception encompasses all general statutes merely capable of being applied to firearms sales or marketing. In contrast, both the Second and Ninth Circuits have rejected this broad interpretation of the predicate exception, which would swallow the PLCAA’s immunity rule.”
This post was edited on 11/12/19 at 10:12 am
Posted on 11/12/19 at 10:11 am to MrLarson
Such a travesty. Our courts suck sometimes.
What's next? Sue the steel mills for supplying the steel to make these firearms? Then the slag producers for producing the slag to make the steel?
What's next? Sue the steel mills for supplying the steel to make these firearms? Then the slag producers for producing the slag to make the steel?
Posted on 11/12/19 at 10:12 am to MrLarson
Cool.
Can everyone with diabtetes sue coke, general mills, and McDonald's?
Sugar and processed foods is much much much much more dangerous and deadly than guns in every capacity added together and multiplied by 10.
Funny how some fat frick diabetic with fat little kids will bitch incessantly about guns and violent video games whik force feeding poisen to their children.
Can everyone with diabtetes sue coke, general mills, and McDonald's?
Sugar and processed foods is much much much much more dangerous and deadly than guns in every capacity added together and multiplied by 10.
Funny how some fat frick diabetic with fat little kids will bitch incessantly about guns and violent video games whik force feeding poisen to their children.
This post was edited on 11/12/19 at 10:15 am
Posted on 11/12/19 at 10:14 am to MrLarson
quote:
I thought this might be the case but the article says that the Connecticut Supreme Court had already ruled in favor 4-3 that it could proceed.
I'm not 100% sure yet.
But I do not see anything on the SCOTUSBlog. This should be big news on the SCOTUSBlog. But nothing.
Very misleading article by the AP.
Posted on 11/12/19 at 10:15 am to notsince98
quote:I believe this is correct.
is it possible this is merely about the right to sue anyone you want whenever you want and not necessarily saying the suit has merit?
If the suit is successful, then I'll change my answer to "let's start the war."
Posted on 11/12/19 at 10:15 am to GumboPot
quote:
They don't say how the justices ruled
quote:
The court opted not to hear the gun-maker's appeal
Posted on 11/12/19 at 10:16 am to GumboPot
quote:
Where does this end?
Revolution
Posted on 11/12/19 at 10:19 am to GumboPot
The Hill explains it a little better than the AP
SCOTUS refused to hear Remingtons appeal.
SCOTUS refused to hear Remingtons appeal.
quote:
The Supreme Court has refused to listen to the appeal of gunmaker Remington in the 2014 lawsuit brought forward by a survivor and families of victims of the 2012 Sandy Hook mass shooting.
The refusal of the appeal means that the 2014 lawsuit – which alleges that Remington should have never sold a weapon as dangerous as the Bushmaster AR-15 to the public – can move forward to trial.
Remington, the nation's oldest gunmaker, was appealing the 4-3 decision passed down by the Connecticut Supreme Court in March, citing Protection of Lawful Commerce in Arms Act, a 2005 law that protects gunmakers from liability claims when criminal acts are carried out with their weapons.
The Bushmaster AR-15, Remington's assault rifle, was used by the Sandy Hook killer to murder 20 first graders and six educators.
Until now, the law had proven to be an airtight defense for gun manufacturers, causing lawsuits to be thrown out in similar situations, such as the Aurora, Colo. movie theater shooting.
Posted on 11/12/19 at 10:20 am to MrLarson
So If an auto manufacturer sales a car to someone that has ever had a DUI t can be held liable. Good to know!
Posted on 11/12/19 at 10:39 am to Quintona
Suing InBev for DU deaths? That and for shitty beer.
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