From Jim Shepherd…
Many of us were stunned when news broke yesterday that Remington Arms had settled the 2015 lawsuit brought against them by the families of the victims of the 2012 Sandy Hook school shooting in Newtown, Connecticut. Last July, two of Remington’s four insurance companies offered a $33 million settlement to the families of the 20 students and six staffers killed by Adam Lanza. Two of the companies held out.
That settlement offer was rejected.
This time, however, attorneys for the families say all four insurance companies will participate. They’ll also be paying significantly more; this settlement amount is $73 million dollars.
The suit argued that Remington negligently sold civilians a rifle (a Bushmaster AR-15) “substantially similar” to the M16 service rifle used by many armed forces worldwide.
The suit also argued that the company’s advertising and placement in violent video games essentially “glorified” violence using the rifle. Assertions the families said put Remington in violation of the state’s consumer protection law which prohibits advertising and marketing that is “immoral and unscrupulous.”
In rebuttal, Remington argued there was no evidence to establish that marketing had anything to do with the shooting. The company also argued that the legal theories behind the suit were flawed- barred by both Connecticut statutes and the federal Protection of Lawful Commerce in Firearms Act.
The PLCA protects manufacturers, distributors and dealers from potential liability, provided the gun in question was functioning correctly and sold according to all federal, state and local regulations. While the action of the mentally disturbed shooter was heinous, Remington essentially argued there was doubt that the rifle performed exactly as designed.
The Connecticut Supreme Court, however, disagreed, ruling that the company could be sued under state law over how their AR-rifles were marketed. Read more
