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Judge Tosses Sandy Hook Gun Manufacturer Lawsuit


Breaking News:
Judge Tosses Connecticut Gun Manufacturer Lawsuit
*The text below was taken from an article posted on Friday, October 14, 2016 by the CTPost*
By Daniel Tepfer.


BRIDGEPORT - A Superior Court judge has thrown out the lawsuit against the gun maker brought by the families of the Sandy Hook tragedy.
In a 54-page decision filed Friday afternoon, Judge Barbara Bellis granted a motion to strike the entire lawsuit brought against the gun maker, Remington Outdoor Company, the dealer, Camfour Inc. and the company that owned the gun store, Riverview Sales where Adam Lanza’s mother bought the assault rifle.
The judge ruled the lawsuit does not satisfy the exception to federal law preventing lawsuits against gun manufacturers for the actions of gun owners under either the federal Protection of Lawful Commerce in Arms Act (PLCAA) or the Connecticut Unfair Trade Practices Act (CUTPA).
“Although PLCAA provides a narrow exception under which plaintiffs may maintain an action for negligent entrustment of a firearm, the allegations in the present case do not fit within the common-law tort of negligent entrustment under well-established Connecticut law,” the judge wrote. “A plaintiff under CUTPA must allege some kind of consumer, competitor, or other commcercial relationship with a defendant, and the plaintiffs here have alleged no such relationship.”
The families of the 20 children and six teachers slain by a Bushmaster-wielding Adam Lanza were demanding accountability and transparency from the gun maker, Remington Outdoor Co. and the gun distributor, Camfour Holding LLC.
"While the families are obviously disappointed with the judge’s decision, this is not the end of the fight,” said their lawyer, Joshua Koskoff. “We will appeal this decision immediately and continue our work to help prevent the next Sandy Hook from happening.”
The lawsuit sought to overcome the broad immunity given to gun makers and sellers under a 2005 federal law, protecting them from liability when guns are used in a crime. But there is a small window for holding companies accountable, including instances of so-called negligent entrustment, in which a gun is carelessly given or sold to a person posing a high risk of misusing it.