Nine Sandy Hook families argued, "Remington, headquartered in North Carolina, acted negligently by marketing and selling military-style weapons to untrained civilian buyers.
Oooooh.....This is such a fun ruling. Now we get to sue any manufacturer for the illegal misuse of their product.
Justices wrote in the majority opinion that “it falls to a jury to decide whether the promotional schemes alleged in the present case rise to the level of illegal trade practices and whether fault for the tragedy can be laid at their feet.”
The lawsuit said that the companies were wrong to entrust an untrained civilian public with a weapon designed for maximizing fatalities on the battlefield.
Lawyers pointed out advertising — with messages of combat dominance and hyper-masculinity — that resonated with disturbed young men who could be induced to use the weapon to commit violence.
Except Connecticut has no jurisdiction Remington is based in a different state, interstate commerce is a federal case, not to mention PLCAA comes into play.Read up a little. Even the plaintiff's attorneys admit the case will have little, if any, impact outside Connecticut. According to the article, the claim is based on a Connecticut state law which is different than the Federal protections of lawful commerce involved.
Does it matter if one is trained properly or not if the tool is used to commit a criminal act?The article states...
Although the judge rightfully dismissed the case based on immunity provided by PLCAA, the above argument is a false premise to begin with.
[emphasis added by MarkC]Except Connecticut has no jurisdiction Remington is based in a different state, interstate commerce is a federal case, not to mention PLCAA comes into play.
is The lawyer in charge of this related to Karen Freeman? She threw money in the money hole over a case similar to this
[emphasis added by MarkC]
International Shoe v. State of Washington, 326 U.S. 310 (1945)
Primary Holding:
[FONT=&]Personal jurisdiction is constitutionally permissible when a defendant has minimum contacts with the state where a lawsuit is brought such that notions of fair play and substantial justice would not be offended.[/FONT]
I haven't actually used International Shoe for anything since first semester Civ Pro.
It was the first thing that came to my limited mind after a long day of reading dry stuff for my day job.
Does it matter if one is trained properly or not if the tool is used to commit a criminal act?
I mean the Sandy Hook incident wasn’t due to an accidental mishandling of a firearm.
prove tobacco (on its own) kills, there’s just as much argument that the 280+ chemicals tobacco is tainted with do the killing that the plant itself; I’d make the argument that the added chemicals muddy the water for culpability of big tobacco. It’s akin to making guns that blow up in the end users hand, a defective or tainted product.Tobacco kills and the users are never blamed. The police arrived at Sandy Brook armed because guns save. Expalin PLCCA