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Posts Tagged lawsuit
Feds Payout $127 Million After Failing To Follow Tips On Parkland Shooter
From The Daily Mail:
The US government has agreed to pay $127.5m to the relatives of 17 killed in a 2018 school shooting after admitting the FBI failed to follow up two tips that could have prevented it.
Federal officials confirmed the settlement with families of those murdered, as well as survivors, following the February 2018 shooting at Marjory Stoneman Douglas High School in Parkland, Florida, by former student Nikolas Cruz.
Remington Insurer Pays $73 Million To Sandyhook Families
From Bearing Arms:
Suing gun makers over their marketing practices has indeed become more common since the Supreme Court declined to hear Remington’s appeal in 2019, with gun control activists and anti-gun politicians from New Jersey to Mexico using the Connecticut Supreme Court’s ruling as the main legal argument in seeking to blame gun manufacturers for the criminal misuse of their products.
The settlement with the Sandy Hook families certainly won’t do anything to discourage future lawsuits, though the Supreme Court will have another chance to weigh in on the Protection of Lawful Commerce in Arms Act, which was approved on a bipartisan basis by Congress in 2005 specifically to stop this type of litigation.
Twelve States Back Foreign Country In Lawsuit Against American Businesses
From Guns.com:
The 26-page brief, submitted by the attorneys general of Massachusetts, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, and Oregon, as well as the District of Columbia, supports a controversial $10 billion lawsuit brought by Mexico against some of the biggest names in guns including Barrett, Beretta, Century Arms, Colt, Glock, Ruger, and Smith & Wesson.Â
TX Supreme Court Dismisses Suit In Sutherland Springs Attack
From The Truth About Guns:
The Texas Supreme Court says survivors and relatives of those killed in a 2017 mass killing at a church can’t sue a sporting goods chain for selling the gunman the rifle used in the attack.
The court on Friday threw out four lawsuits against Academy Sports and Outdoors that alleged a San Antonio-area store negligently sold the gun to Devin Kelley in 2016.
Remington Facing Bankruptcy, Sale To Navajo Nation
From Guns.com:
Remington, America’s oldest gun company, is reportedly headed to bankruptcy and is in talks with the Navajo Nation as to its post-Chapter 11 future.
As a sovereign nation under the Navajo Sovereign Immunity Act, the tribe is largely insulated against personal injury claims, which have to be filed in the Nation’s own courts, a factor that could help Remington in persistent civil filings.
Judge Dismisses Compensation Lawsuit For Bump Stocks
A federal claims court this week dismissed a lawsuit from bump stock owners that had alleged the U.S. government was improperly forcing them to destroy their devices without compensation.
Bump stock owners filed the $500,000 lawsuit in March, after a federal reclassification of bump stocks as machine guns effectively outlawed their possession. The reclassification was prompted by the October 2017 mass shooting in Las Vegas.
Lawsuits Can Threaten Rights
From Overlawyered:
The brief emphasizes two lines of argument that I find exactly to the point. First, under the right circumstances, the workings of tort lawsuits can impinge on individual rights guaranteed by the Constitution: exorbitant libel verdicts can menace freedom of speech, and similarly stretching of tort and public nuisance law can endanger Second Amendment rights. It is worth making explicit the parallels between the Supreme Court’s acknowledgment of the first in New York Times v. Sullivan and Congress’s recognition of the second in its passage of PLCAA.
Lawsuits Threaten Gun Industry
From National Review:
In 2005, a wave of lawsuits threatened to bankrupt the gun industry. These suits were based on — pick your adjective — “creative,†“novel,†“inventive,†and “imaginative†legal theories that rarely held up in court, and they did their damage primarily by forcing gun companies to incur the costs of defending against them. Congress, seeing the problem, stepped in to put a stop to it — or at least tried to — by passing the Protection of Lawful Commerce in Arms Act (PLCAA).
A decade and a half later, anti-gun activists have responded with yet more new legal theories, and the Connecticut courts have bought one of them. Some families victimized by the Newtown massacre are being allowed to pursue a wrongful-death claim against Remington, which owns Bushmaster, the company that made the rifle used in the attack.
Florida College Suspends Student For Range Picture
From Bearing Arms:
The picture wasn’t actually threatening. It wasn’t the kind of pic I personally approve of, really. Muzzle discipline is a thing, after all, but she at least kept the booger-hook off the trigger, which puts her leaps and bounds over some. There was no menace to the picture unless you were actively trying to find it.
So, they suspended her.
Bill Introduced To Sue Gun Manufacturers
From Bearing Arms:
The Equal Access to Justice for Victims of Gun Violence Act aims to repeal federal protections blocking firearm and ammunition manufacturers, dealers and trade groups from most civil lawsuits when a firearm is used unlawfully or in a crime.
Conn Court Rules Against Civil Rights
From Powerline Blog:
The Connecticut Supreme Court’s decision is not a good faith exercise of judicial judgment. The four-judge majority engaged in political activism by issuing an anti-gun ruling that is obviously wrong under the Constitution and federal law. It will be reversed by the U.S. Supreme Court. But there is a lesson here: liberals love to talk about the rule of law, but what they mean is rule by lawyers. Rule by lawyers who dictate policies that the people and their elected representatives don’t want, and that are likely to be at odds with the Constitution. This Connecticut decision is a prime example.
Court Allows Suit Against Gun Makers
From The Truth About Guns:
The Connecticut Supreme Court today over-ruled an appeals court, allowing a nuisance lawsuit against gun makers to go forward. The suit claims gun makers had some responsibility for the Sandy Hook school massacre, and accordingly, should pay big bucks to the plaintiffs.
Class Action Against Google
From The Truth About Guns:
To qualify, a person or company must have had its AdWords/AdSense account suspended or terminated by Google LLC between March 2014 and September 2017 based on the fact their websites advertised “any products that (i) were designed to injure an opponent in sport, self-defense or combat such as knives, crossbows and guns or (ii) which comprised any part or component necessary to the function of a gun (iii) or which were intended for attachment to a gun†in violation of Google’s “dangerous products or services policy.â€
Dick’s Sued By Ammo Manufacturer
From Bearing Arms:
Citing breach of contract and fraud, Nevada-based Battle Born Munitions filed suit in federal court against Dick’s Sporting Goods this week.