Saturday, April 23, 2016

CT: Lawsuit Against Gun Manufacturers has Trial date

It is insane that this suit is allowed to go forward under this bizarre theory.  The theory makes no sense on its face.

It looks like the gun lawsuit that Bernie Sanders has both condemned and cheered could actually go to trial. Yesterday a Connecticut judge set a trial date of April 3, 2018, for a lawsuit against the manufacturer, distributor, and dealer who supplied the Bushmaster XM15-E2S used in the 2012 massacre at Sandy Hook Elementary School in Newtown. In the meantime, the plaintiffs—who include the families of nine people murdered at the school, plus a survivor of the attack—can proceed with discovery. It's not exactly clear what they hope to find, since the case hinges not on facts but on the way they're spun. The plaintiffs argue that selling the Bushmaster XM15-E2S and other AR-15-style rifles to the general public qualifies as "negligent entrustment," because such "assault weapons" have "no legitimate civilian purpose."

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1 comment:

Anonymous said...

I actually want to see this case go forward - so it can finally be dispensed with once and for all. Every corporation, from a three employee mom and pop shop to the biggest of manufacturers (think, General Motors and even Foreign companies like Toyota) will file amicus briefs regarding how a "win" for the plaintiffs would be a death knell for EVERY manufacturer of EVERYTHING made. Yes, this suit is that ridiculous.

It seems trite to say "Is GM somehow responsible because a drunk driver kills a family by crashing into them" or "Is Drano responsible for the damage done by someone who drinks it or places it in another person's punch bowl?"

Plainly stated, what one person does with what another fabricates is not the responsibility of the manufacturer. Period. The one responsible for actions taken are the ones who took the action itself. The inanimate object is not responsible and neither is the one who made it.

Enough of that madness. Hearing this case and seeing the Sandy Hook Blood dancers defeated like the DC elite were defeated in Heller is what has to be done. There is NO WAY that the court will decide in the Blood Dancers favor - and Alitos majority - check that- UNANIMOUS decision recently regarding stun guns demonstrates it perfectly.

I have written for years that Heller and then McDonald were the straight left and right hook that knocked out modern day gun control. This because they ARE exactly that. The Stun Gun case demonstrates it - and goes beyond. Indeed, the "scope" and "scrutiny" issues were kind of open, not really but that is the position the grabbers have operated. Alito was CLEAR and direct about two points. First, Heller does indeed control, and that means it controls scope and scrutiny too but second, and possibly more importantly, that the Supreme Court SETS precedent and the lower courts MUST adhere. When faced with gun control or judicial control, even the wise latina herself dropped gun control like a hot potato. Recall please she said nunchucks were NOT protected - prior to the Heller McDonald knockout blow. Now, afterward, she was forced to admit that Heller protects ALL bearable arms. An interesting point not too many gun folks have seen fit to write about.

We have won this fight folks, AGAIN, and I submit it is time we start acting like it. We should not FEAR this suit OR try to stop it. We should be DARING them, baiting them, and betting too. Do not stall it - help it along! Demand it be heard, demand the court step up and "decide" there in the upper it can get to the SCOTUS as fast as possible. There is no way to upend and overturn Heller now. SCOTUS, regardless of the "balance" is not EVER in the habit of upending recent set precedents. Besides, what makeup of a court is going to tell the American people they do not have a right to arms - much less that all companies are economically liable for everything everyone does?

It AIN'T gonna happen. On either account. So drop the worry and the guise. There is nothing to fear from this case folks. So lets DARE them to hear it and watch the injuries from the mental gymnastics they attempt trying to get what they want. They will fail no matter what they do, so why stand in their way?