Big Sage, SASS #49891 Life Posted November 12, 2019 Share Posted November 12, 2019 Just heard that the US Supreme Court refused to hear the case against Remington brought by the Sandy Hook victims. That means that the suit against Remington can go forward. Does not bode well for Remington and could also mean lots of lawsuits against other gun manufacturers in the future. Pandora's box just got opened! God help us................. Link to comment Share on other sites More sharing options...
Chantry Posted November 12, 2019 Share Posted November 12, 2019 While I am unhappy at the decision by SCOTUS, this seems to be a ruling on Remington's advertising of the rifle and whether Remington bears any liability due to how the rifle was advertised. I'm interested in what the lawyers here think of the ruling as well as an analysis of this decision from one of the legal blogs I follow. This ruling does NOT overturn the 2005 Protection of Lawful Commerce in Arms Act and even under that act gun manufacturers could be sued. Link to comment Share on other sites More sharing options...
Trailrider #896 Posted November 12, 2019 Share Posted November 12, 2019 By refusing to block the lawsuit, the SCOTUS allowed it to go forward at the state level. No doubt, it will go through federal courts, and ultimately back to the Supremes. They may be buying time to think over what each justice thinks before it works its way up to them. I hope, the high court would then overrule any decisions and judgments. If not, it bodes ill for virtually ANY company in or out of the gun industry if their advertising isn't just right. For example, suppose a lawnmower company advertises its product to be good for your grass, but ultimately your lawn dies because you cut it too short. You might sue because their ads didn't warn you not to cut the lawn too short! Time will tell... Link to comment Share on other sites More sharing options...
Sedalia Dave Posted November 12, 2019 Share Posted November 12, 2019 I guess the fact that the perpetrator committed First Degree Murder to obtain said firearm is not relevant? Link to comment Share on other sites More sharing options...
Three Foot Johnson Posted November 12, 2019 Share Posted November 12, 2019 Make your next purchase a Remington. Link to comment Share on other sites More sharing options...
Red Gauntlet , SASS 60619 Posted November 12, 2019 Share Posted November 12, 2019 The "ruling" is a decline by the Supreme Court to hear the case at this stage-- an appeal/certiorari petition from the Connecticut Supreme Court's decision to allow the case to go forward. It is not a ruling on any substantive issues. It is very common for the US Supreme Court to deny such petitions at that level. It does not foreclose review by the Court from an adverse decision against Remington if that is what eventuates. Link to comment Share on other sites More sharing options...
Pat Riot Posted November 12, 2019 Share Posted November 12, 2019 I thought that when the Supreme Court declines to hear a case that the lower court’s ruling stands. Link to comment Share on other sites More sharing options...
Rye Miles #13621 Posted November 12, 2019 Share Posted November 12, 2019 Could this open up possible lawsuits against car manufacturers, chain saw companies, knife companies, hmm let's what else? Donut companies, McDonald's?? How about airline companies, the list is endless really...................... Link to comment Share on other sites More sharing options...
Sixgun Sheridan Posted November 12, 2019 Share Posted November 12, 2019 The idea of holding gun manufacturers liable for, umm... manufacturing GUNS is completely absurd. If the law says they're legal to sell to the public then these people should be told to either go pound sand or write to their Congressman (or Congresswoman, or Congressit). Unfortunately however so many courts flipped left during the last administration that we now have lawsuits dictating the law. Link to comment Share on other sites More sharing options...
Ramblin Gambler Posted November 12, 2019 Share Posted November 12, 2019 What was wrong with their advertising? I didn't even know Remington made an AR type rifle at the time sandy hook happened. Link to comment Share on other sites More sharing options...
Three Foot Johnson Posted November 12, 2019 Share Posted November 12, 2019 I think the R-15 came out in '08 or '09. Sandy Hook was 2012. Link to comment Share on other sites More sharing options...
Sixgun Sheridan Posted November 12, 2019 Share Posted November 12, 2019 Remington owns Bushmaster, which was the brand of firearm used in the massacre. Apparently the lawsuit takes aim at Remington for all the Bushmaster ads in gun magazines that tout the AR-15 as anything but a hunting weapon, plus I guess there was some name-dropping in video games. Link to comment Share on other sites More sharing options...
Gunner Gatlin, SASS 10274L Posted November 12, 2019 Share Posted November 12, 2019 When it eventually gets back to SCOTUS the ruling will favor Remington. GG ~ Link to comment Share on other sites More sharing options...
Tyrel Cody Posted November 12, 2019 Share Posted November 12, 2019 8 minutes ago, Gunner Gatlin, SASS # 10274 said: When it eventually gets back to SCOTUS the ruling will favor Remington. GG ~ You have more faith than I do. I'm afraid the next D president will somehow invalidate the current POTUS picks and stack the court with liberal judges Link to comment Share on other sites More sharing options...
Sixgun Sheridan Posted November 12, 2019 Share Posted November 12, 2019 https://www.cnn.com/2019/11/12/business/remington-sandy-hook-supreme-court/index.html Lawyers for the victims sued Remington contending that the company marketed rifles by extolling the militaristic qualities of the rifle and reinforcing the image of a combat weapon -- in violation of a Connecticut law that prevents deceptive marketing practices. The rifle was "designed as a military weapon" and "engineered to deliver maximum carnage" with extreme efficiency, they argue in legal briefs. ...was "designed as a military weapon" So was my Colt 1860 Army. And my Single Action Army. Link to comment Share on other sites More sharing options...
Cemetery Posted November 12, 2019 Share Posted November 12, 2019 17 minutes ago, Tyrel Cody said: You have more faith than I do. I'm afraid the next D president will somehow invalidate the current POTUS picks and stack the court with liberal judges The next D president will invalidate everything. I think Spain is trying to do that now with everything that was passed during the Franco years. Link to comment Share on other sites More sharing options...
Chuck Steak Posted November 12, 2019 Share Posted November 12, 2019 ...will the surviving families of DUI victims be able to sue General Motors after this debacle has been settled ? What a shit show our national debate has become. Link to comment Share on other sites More sharing options...
Red Gauntlet , SASS 60619 Posted November 12, 2019 Share Posted November 12, 2019 2 hours ago, Pat Riot, SASS #13748 said: I thought that when the Supreme Court declines to hear a case that the lower court’s ruling stands. It does for now. It means that the case can proceed to trial in the state court in Connecticut. Any final judgment from a verdict can be appealed thereafter, including ultimately to the Supreme Court (which will continue to have the discretion to hear it or not). The current Supreme Court decision not to hear the case at this stage is not a ruling by the Supreme Court on any of the merits of the suit. Link to comment Share on other sites More sharing options...
Sixgun Sheridan Posted November 12, 2019 Share Posted November 12, 2019 The Sandy Hook families are not out to make Remington assume liability for anything. Remington didn't put that rifle in the killer's hands and they know it. They flat out want to put them out of business for selling a firearm they don't believe they should be selling in the first place. If you can't ban 'em, sue them for every last red cent. Link to comment Share on other sites More sharing options...
Gunner Gatlin, SASS 10274L Posted November 12, 2019 Share Posted November 12, 2019 2 hours ago, Tyrel Cody said: You have more faith than I do. I'm afraid the next D president will somehow invalidate the current POTUS picks and stack the court with liberal judges ....my comment was only about SCOTUS. Doubt we will get beyond the nine justices. Of course if that happens that probably means the end of the electoral college too....: Which also means the end of the United States of America. The reality is that in the next few years if this gets back to the Supreme Court they will rule in Remington’s favor. GG Link to comment Share on other sites More sharing options...
Ramblin Gambler Posted November 13, 2019 Share Posted November 13, 2019 23 hours ago, Sixgun Sheridan said: https://www.cnn.com/2019/11/12/business/remington-sandy-hook-supreme-court/index.html Now that's a hoot! They are saying it was deceptive advertising to liken it to a weapon of war. So they will have to stand up in court and argue that it's not really a weapon of war or all that dangerous to make those ads deceptive. Link to comment Share on other sites More sharing options...
J. Mark Flint #31954 LIFE Posted November 14, 2019 Share Posted November 14, 2019 On 11/12/2019 at 1:25 PM, Red Gauntlet , SASS 60619 said: The "ruling" is a decline by the Supreme Court to hear the case at this stage-- an appeal/certiorari petition from the Connecticut Supreme Court's decision to allow the case to go forward. It is not a ruling on any substantive issues. It is very common for the US Supreme Court to deny such petitions at that level. It does not foreclose review by the Court from an adverse decision against Remington if that is what eventuates. Nicely stated. What was sent to the Supremes is called an interlocutory appeal. When matters are still pending and Motions are ruled upon, they can appeal, but the Supreme Court does not generally hear interlocutory appeals as the case isn't over and the outcome is not certain. On 11/12/2019 at 1:59 PM, Pat Riot, SASS #13748 said: I thought that when the Supreme Court declines to hear a case that the lower court’s ruling stands. It does. But the lower court's ruling is not a final judgment or even close to one at this time. It is all much ado about nothing at this point in time. https://en.wikipedia.org/wiki/Interlocutory_appeal Link to comment Share on other sites More sharing options...
bgavin Posted November 14, 2019 Share Posted November 14, 2019 On 11/12/2019 at 12:23 PM, Sixgun Sheridan said: ...we now have lawsuits dictating the law. This is the exact reason why there are so many crazy laws governing the operation of the prison system in CA. Link to comment Share on other sites More sharing options...
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