Supreme Court Clears Way for Newtown Lawsuit
The Supreme Court declined to hear an appeal by gun manufacturer Remington Arms, that argued it should be shielded by a 2005 federal law preventing most lawsuits against firearms manufacturers when their products are used in crimes. The decision has cleared the way for survivors and the families of the 26 victims of the Sandy Hook Elementary School shooting to pursue their lawsuit against the maker of the rifle used to kill 26 people.
The families are arguing that Remington violated Connecticut law when it marketed the Bushmaster rifle for assaults against human beings. The Supreme Court’s decision not to take up the case allows the lawsuit filed in Connecticut state court by a survivor and relatives of nine victims who died at the Newtown, Connecticut, school on Dec. 14, 2012, to go forward. The lawsuit says the Madison, North Carolina-based company should never have sold a weapon as dangerous as the Bushmaster AR-15-style rifle to the public.
Gunman Adam Lanza used it to kill 20 children between the ages of 5 and 10 along with six educators, after killing his mother at the home they shared. The rifle used in the killings was legally owned by his mother. The lawsuit also alleges Remington targeted younger, at-risk males in marketing and product placement in violent video games. Lanza was 20 years old when he committed the mass shooting. Only two of the victims who were shot by Lanza—both teachers—survived the attack. Lanza killed himself as police arrived at the school.
The case is being watched by gun control advocates, gun rights supporters and gun manufacturers across the country, as it has the potential to provide a roadmap for victims of other mass shootings to circumvent the federal law and sue the makers of firearm. The National Rifle Association, 10 mainly Republican-led states and 22 Republicans in Congress were among those urging the court to jump into the case and end the lawsuit against Remington.
The Connecticut Supreme Court had earlier ruled 4-3 that the lawsuit could proceed for now, citing an exemption in the federal law. The decision overturned a ruling by a trial court judge who dismissed the lawsuit based on the 2005 federal law, named the Protection of Lawful Commerce in Arms Act.
The federal law has been criticized by gun control advocates as being too favorable to gun-makers. It has been cited by other courts that rejected lawsuits against gun-makers and dealers in other high-profile shooting attacks, including the 2012 Colorado movie theater shooting and the Washington, D.C., sniper shootings in 2002.
