Remington offers $33 million to families of Sandy Hook school shooting victims

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  • Leadeye

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    I wonder if that's a big check or a little check. The law firms involved aren't interested in settling for a little check.
     

    Ingomike

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    HoughMade

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    In the context of a bankruptcy case and these being unsecured and contingent claims, it's a big check.

    That doesn't mean the plaintiffs will take it...but to me, it signals that there will be a negotiated settlement.

    As for precedent, I agree. I have been involved in 2 sets of litigation (so far) that involved multiple claimants where a party paid big money (well over $50,000,000 in each) what I believed to be too early in the process, not making the plaintiffs work long enough or hard enough for the money, which would have had a deterrent effect.

    The first one, the settlement was negotiated in 2014 and completed in 2015. In 2015, the second, similar, litigation was started and settled in 2019. There are at least 2 more of these types of action in the works now, by the same lawyers. Why would they ever stop?

    I can't go into details more than that, but I represented the central parties in both of these matters, but the big checks were written by another party that just wanted it done. By writing the first big check, they guaranteed themselves the second action. When they wrote the second big check, they guaranteed the now third and fourth. They never learn, or haven't learned yet.

    In my humble opinion, sometimes the least expensive thing you can do is force the plaintiffs to litigate each and every case over, a decade or more, to judgment, even if you pay defense lawyers a bunch of money. It especially made sense in my cases due to the fact that these were mass torts, not class actions, which would have had to have been tried individually, not as a group.
     
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    gregr

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    They are supposedly already protected from litigation, so WHY are they opening this Pandora`s Box? Not a fan of remington, and so I`m not all that surprised they`re doing this. They don`t have good sense.
     

    DadSmith

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    Tyler-The-Piker

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    ><(((((*>
    maxresdefault.jpg
     

    HoughMade

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    Anyone catch this new development in the lawsuit?

    I wouldn't read too much into that subpoena.

    I have obtained the school records in every case where a school-aged child was the injured party and the employment records in every case where someone was claiming lost wages.

    ...but thinking again about Remington's strategy, if they are still pursuing settlement, maybe they are thinking not about the precedent of settling, but about the possible precedent of having the PLCAA struck down in a case that has 100% innocent victims, huge media coverage and public sentiment (in many places) against them. Settle, no chance of a court striking down the PLCAA in this case. That preserves it for use in cases where the victims are often less sympathetic and there is less public pressure. Just a thought, but I'm no mind reader.
     

    KLB

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    I wouldn't read too much into that subpoena.

    I have obtained the school records in every case where a school-aged child was the injured party and the employment records in every case where someone was claiming lost wages.

    ...but thinking again about Remington's strategy, if they are still pursuing settlement, maybe they are thinking not about the precedent of settling, but about the possible precedent of having the PLCAA struck down in a case that has 100% innocent victims, huge media coverage and public sentiment (in many places) against them. Settle, no chance of a court striking down the PLCAA in this case. That preserves it for use in cases where the victims are often less sympathetic and there is less public pressure. Just a thought, but I'm no mind reader.
    In what scenario would the PLCAA get struck down for this?

    How does the innocence of the victims play into it at all? Lots of victims of violence are 100% innocent. The status of the victim in no way changes the liability of the manufacturer.
     

    HoughMade

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    In what scenario would the PLCAA get struck down for this?

    How does the innocence of the victims play into it at all? Lots of victims of violence are 100% innocent. The status of the victim in no way changes the liability of the manufacturer.
    Legally? Makes no difference. However, judges are people too. There are times when they have a tendency to find a way to get done what they want to get done...depending upon the judge. Maybe this is a "why give them a chance?" scenario.

    Just noodling on this.
     

    rooster

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    Standard, it was on thee checklist. Surprised was not done sooner.
    I get that, I guess what I don’t get is, is it also standard practice for counsel to fight them?

    is this some dance of lawyers that we common folk aren’t privy too and thus are making a bigger deal out of it than it Is
     

    KLB

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    Legally? Makes no difference. However, judges are people too. There are times when they have a tendency to find a way to get done what they want to get done...depending upon the judge. Maybe this is a "why give them a chance?" scenario.

    Just noodling on this.
    The question is, would the USSC agree that the law doesn't apply?

    To me the precedent set by giving a payout is worse. How do you say no to the next one?
     
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