Sandy hook parents to sue Bushmaster

[ApacheCoTodd]

Typical "lawyer seeks ATM in tragedy" scenario.

Must be wonderful to actually be able to divine the cost of such a horrendous loss in dollars. I'd love to know the entire bottom line going to the attorneys in the case of a win. Including their usually staged-up expense accounts.

Yup, some clowns will giddily make a fortune standing on the graves of children.

 

[Red Wind]

I see this suit going nowhere unless Bushmaster caves. They might. My daughter works for our largest auto insurer as an adjuster,

They cave countless times a day. Course it's cars vs guns , but still ... I hope Bushmaster and their attorneys hold firm. The suit is nonsensical. Kills the owner, steals the guns , breaks multiple state and federal laws ,even before the ultimate horror.

 

[ApacheCoTodd]

I see this suit going nowhere unless Bushmaster caves. They might. My daughter works for our largest auto insurer as an adjuster,

They cave countless times a day. Course it's cars vs guns , but still ... I hope Bushmaster and their attorneys hold firm. The suit is nonsensical. Kills the owner, steals the guns , breaks multiple state and federal laws ,even before the ultimate horror.

"Settlements" are generally the goal fished for by carpet bagging attorneys. Hopefully for Bushmaster, other manufacturers (regardless of product) and the consumers the cost threshold of fight/settle stays on the side of contesting the suit.

 

[Arizona_Mike]

They are claiming there should be some sort of safety device which would have prevented Lanza from using the gun.

My guess is that the gun was sold with a safety lock, and Lanza's mother did not use it...therefore Bushmaster did their part. They really can't argue that the gun should have been made so no one could use it, because that would run right into the Protection of Lawful Commerce in Arms Act.

Hopefully this case will be thrown out before even reaching trial and the defendant won't have to spend too much in legal fees.

Trigger locks were not meant for 20 year-olds. An adult that can brake down a locked door of a school can steel a gun (esp. after killing the gun's owner).

Mike

 

[HOOfan_1]

Trigger locks were not meant for 20 year-olds. An adult that can kick in a locked door of a school can steel a gun (esp. after killing the gun's owner).

Mike

The point is that the plaintiffs don't have much of a case which can go around the PLCAA. If their argument is that it lacked a safety feature...because the gun operated exactly as it was designed to operate almost 60 years ago

 

[Hacker15E]

The media reports today on this are now stressing this suit seeks to find the carveout part of the law where Bushmaster, the distributor, or the FFL are liable because they sold the gun *knowing* it was going to be used illegally.

Additionally, there's some diatribe about how, since ARs are military-only firearms, and are extra-extra dangerous, that Bushmaster HAD to know that they would be used by bad people to do bad things.

So much derp.

Millions and millions sold, owned, and used safely and legally for decades, and a statistically insignficant number used in an insignificant number of tragedies.

Bushmaster knew or should have known that selling assault rifles to civilians posed an “unreasonable and egregious” risk of injury to others, the families said in their lawsuit.

 

[danez71]

They are claiming there should be some sort of safety device which would have prevented Lanza from using the gun.

.

Where are you getting that from? Everything Im seeing/hearing is saying that isn't the case.

Its an exceptions case to the PLCAA. They need to prove Bushmaster knew their guns would get into the wrong hands.

Even the CA legal analysts are saying they're not likely to win.

 

[HOOfan_1]

Where are you getting that from? Everything Im seeing/hearing is saying that isn't the case.

That is what I heard on the radio news this morning.

 

[steelerdude99]

Forbes: Gunmaker Paid Up After Washington Sniper Killings, And May Yet Pay Again

http://www.forbes.com/sites/danielf...d-after-malvo-killings-and-may-yet-pay-again/

This is something that I was not aware of... and was written in Dec 2012:

Gunmaker Paid Up After Washington Sniper Killings, And May Yet Pay Again

Malvo: Bushmaster paid for his crimes. (Photo credit: Wikipedia)

Civil plaintiffs may find a way to sue Bushmaster, the manufacturer of the gun used in the deadly Newtown killings, even though a federal law signed by George W. Bush in 2005 theoretically prohibits lawsuits against gun makers over crimes committed with their products.

Bushmaster paid $2 million in 2005 to victims of another psychopathic killer, John Allen Muhammad, and his teenaged sidekick, Lee Boyd Malvo. The two terrorized the Washington, D.C. area in 2002, and victims and their families negotiated a $2.5 million settlement — paid entirely out of insurance — of claims Bushmaster and a Tacoma, Wash. dealer were negligent in selling the high-powered rifle to Mohammed.

see the link for the rest of the article....

 

[Hacker15E]

Bushmaster actually only paid $500,000...and that was the remainder of the insurance payout that they didn't spend on legal fees.

Bushmaster Responds to Brady Groups False Claim of Victory
Thursday September 9, 2004 9:24AM est

Windham, Maine -- The Washington DC Brady Group would have you believe they won some kind of victory! The Brady Group brought this lawsuit not for the victims, but for their anti-gun agenda. The Brady Group asked for the settlement conference after reviewing all the evidence they knew they could not be successful in court and they wanted to stop paying lawyer fees.

The Brady Group sent a second tier lawyer to the settlement conference with nine demands on Bushmaster regarding business practices and Bushmaster denied them all. We then gave the Brady Group our statement that we support the BATF licensing requirements to be a Federal Firearms Licensed (FFL) holder and our support for the National Shooting Sports Foundation (NSSF) safety programs, and they accepted our statement. We did not agree and would not agree to change the way we do business or make any additional demands of our customers. We were emphatic that Bushmaster did not commit any wrong doings.

The attorney for our insurance company was at the settlement conference and informed us that about half of our policy limits had been spent on trial lawyers. It was the insurance company’s position that all of the limit would be spent on this case, and therefore turned the funds over to Bushmaster to use as we saw fit removing the insurance company from the case. Our choice was to continue spending it on trial lawyers or turn it over directly to the victims’ families with no funds going to the Brady Group for their legal fees.

We felt the compassionate thing to do was give it to the victims’ families, not because we had to but because we wanted to. The Washington DC Brady Group should learn what compassion is really all about!

Bushmaster strongly believes and vigorously supports the rights of citizens to own and use firearms, and the settlement of this case in no way compromises that stand. The Brady Group’s attempt at claiming a victory over firearms manufacturers is a hollow one with no substance. Their attempt to eliminate gun rights of citizens has failed legislatively and will continue to fail with these frivolous lawsuits against gun manufacturers.

Bushmaster Firearms, Inc.

Of note, this "settlement" (really a non-settlement) was before the 2005 PLCAA.

http://www.boston.com/news/nation/w...dealer_settle_in_dc_sniper_shootings_lawsuit/

 

[HOOfan_1]

Of note, this "settlement" (really a non-settlement) was before the 2005 PLCAA.

Also before Freedom Group bought Bushmaster...my guess is that Freedom Group has more legal clout

 

[BobTheTomato]

These people (see useful idiots) are being used to further a political agenda. The only way way this could stand is if Bushmaster had put out an ad touting their ar15 as the perfect weapon to own when you have a kid who is crazy.

 

[2ifbyC]

The only way to stop these lawsuits is to have the plaintiff's pay all court costs and legal fees if they lose. However, since lawyers comprise the majority of the legislative, that change will never occur. The "machine" needs to be fed. And because of the enormous costs to defend yourself, settlements will continue as a means to minimize loss.

Under this form of justice, our freedoms will continue to be eroded.

 

[USAF_Vet]

Although they mis-spell "Newtown" (excellent journalism!), this article explains how the filing attorneys believe this lawsuit is somehow not covered by the PLCAA.

Gun makers are generally shielded from lawsuits by a 2005 law known as the Protection of Lawful Commerce in Arms Act. The Newton suit uses an exception to that law, alleging the defendants should be held liable for entrusting a product to another party that then caused harm to a third party.

http://www.al.com/opinion/index.ssf/2014/12/remington_named_in_lawsuit_fil.html

The product was lawfully entrusted to Nancy (?) Lanza, who was then unlawfully murdered by a fourth party, who unlawfully took possession of the product, so this exemption is not applicable. Hopefully whatever judge this case is assigned to throws it out based on its total lack of merit.

And shame on these parents, if it is really them who incited this suit. Is this the sum worth of their child? A meager paycheck?

 

[Agsalaska]

http://www.theguardian.com/us-news/...andy-hook-victims-lawsuit-gunmaker-bushmaster


The sad thing is for a very long time I had nothing but sympathy for those people, now that's entirely gone. I just despise them and wish they'd leave me and you alone. I do pity them a little because apparently they're too ignorant to realize their being used and exploited. Still, I just wish they'd go crawl under a rock. I mean really, sueing bushmaster will fix what exactly? Idiots.

Sorry, rant over.

I really, really feel sorry for you. Thats sick.

 

[KevininPa]

This

" They should be suing the school system for not allowing the teachers to carry for protection of their kids."

I used to work as a substitute custodian during lay-off periods while the recession was going on. At the time, the NRA was suggesting allowing teachers, maintenance and custodial staff to carry ( with proper licensing according to that states law, of course.). There was a satirical, anti-gun cartoon that came out at the time. It was a teacher calling for the "armed custodian". While eating lunch with some of the other custodians, I noted that two were ex-Marines and one ex-Army from the first Desert Storm at the table. These men were very intelligent, stable and still in very good shape. Plus myself (ex-Navy, older but still work out and shoot once a month to stay decent with my carry guns. Weather permitting in the winter. ). So I was very insulted by this cartoon picturing custodians as stupid people who can't be trusted with a firearm. And if this level of skill and experience is around a school district in my area, then I'm sure that other places have it as well.

So yes, these parents should be suing the school district. It's the "No Gun Zone" laws that killed their children, not the firearm manufacturer.

 

[Arizona_Mike]

I wonder if they expect to loose and this is the first salvo in a campaign to repeal the PLCAA.

Mike

 

[Double Naught Spy]

This
" They should be suing the school system for not allowing the teachers to carry for protection of their kids."

Sorry, but that is pretty naive and basically won't work. An option to carry by teachers would NOT have prevented the shooter from doing what he did. If they were going to sue the school district, it would be for not actually provided appropriate security. Giving teachers the option to carry is hardly appropriate security, largely because none may do it. There are no controls over just how much protection students would or would not get.

 

[steelerdude99]

Although they mis-spell "Newtown" (excellent journalism!), this article explains how the filing attorneys believe this lawsuit is somehow not covered by the PLCAA.

http://www.al.com/opinion/index.ssf/2014/12/remington_named_in_lawsuit_fil.html

The lawsuit, which will be heard in Superior Court in Bridgeport, Conn., claims the high-powered weapon is unfit for civilian use.

"There is so much ample evidence of the inability of the civilian world to control these weapons, that is no longer reasonable to entrust them to for that purpose," Joshua Koskoff, an attorney representing the families, told WSJ. "How many massacres do there have to be before for that is?"​

I am NOT agreeing with this; I just see right through the argument. The plaintiff attorneys are arguing the lawsuit has merit despite PLCAA because the AR15 is just too much gun for civilians to handle and the manufacturer should know that. This suit is an attempt to legally define an AR15 as a military weapon, even if it's missing the automatic fire operation. In the lawyers' error-ed argument: "All they did was change the name". They, like Gruber of the healthcare mandate, are depending on the sheer ignorance of the jury to avenge the Newtown tragedy. "If it looks like an M16 and shoots the same ammo, it must be an M16". "Connecticut made assault rifles illegal right after Newtown; so they must be bad".

chuck

 

[Bruno2]

Bushy got sued after the DC sniper incident. They settled for $2.5 million. That was the first settlement of its kind ever.

I understand the families are hurting. However, a suit like this wont stop it from happening again nor will it give them any kind of closure.

I saw some of the survivors on the Sunday morning political shows a couple of weeks ago. This is how delusional they are: These people made a claim that an armed security guard being there couldn't have stopped the shooter. So I have to ask, why did they bother calling the police?

Also, the person doing the interview asked "at any point during the attack did you wish you had a gun?". Of course they answered "NO" and the thought never crossed their mind. I am calling bullcrap on that one.

Not only are they suing Bushy, but the wholesaler and the FFL dealer that sold it.

 

[Ryanxia]

Isn't Bushmaster, at least the Bushmaster version that Lanza used, now owned by the infamous killer of American Gun Manufacturing,, Cerberus??

So are the rest of these:

Advanced Armament Corporation
Barnes Bullets
Bushmaster Firearms International
Dakota Arms
DPMS Panther Arms
H & R Firearms
Marlin
Mountain Khakis
Para USA[6]
Parker Gunmakers
Remington Arms
TAPCO

 

[Steve CT]

I looked through all the posts on this topic (I normally avoid Newtown stuff), so I'm not sure if I am the only Connecticut response here.

These families have been supported, locally and nationally by a very anti-gun media, along with two rabidly anti gun US Senators, President, and a narrowly re-elected Governor who said immediately after re-election that he will be open to discuss any and all issues facing the state EXCEPT any steps backwards on his gun control agenda.

Sadly, very little has been done in two years to address the mental health problems that are endemic in our society, and that play the biggest role in these kinds of high profile crimes.

BTW, the gunshop involved (Riverview) had it's FFL revoked over a year ago for a variety of issues/problems with missing guns.

 

[Dr. Sandman]

The headline should read

"Attorneys Attempt To Profit From National Tragedy: Even though no law was broken by defendants, counselors on both sides brace for huge paychecks in political battle over guns"


ETA: With all the anti-bully stuff out there now, surely this type of "legal bullying" should be swiftly punished. Also, I kinda want to buy a Bushmaster, in support of the latest wrongful victim of Newtown.

 

[alientrainwreck]

Second that...I plan on buyin a Bushmaster AR-10 and if I can still afford it with xmas and all moneys tight but I'll be buying a AR-15 too..

 

[HRnightmare]

I can't believe it took 2 years. The good news is only 9 of 26 sets of parents is pulling this garbage.

It is CT so they will allow the parents to drag the company through the mud, the company will spend large sums of $ in attorneys and to have high level rep's taken away from their job to sit in court. Likely they settle out for pennies from their "asking amount" and some sleazebag lawyer gets rich off of the fact that it is often easier to end the bleeding quickly then it is to fight back in cases like this.