Supreme Court Refused Remington's Bid to Block Lawsuit
Posted by Branden P. on Nov 12th 2019
The Supreme Court has refused Remington Arms Co.'s bid to block the lawsuit filed by the families of the victims of the Sandy Hook Elementary school massacre. This was the school shooting that occurred in 2012, and left 26 students and educators dead in Newtown, Connecticut. The families say that Remington should be held liable, as they are the manufacturer of the Bushmaster AR-15 style rifle that was used.
The Supreme Court declined to review the ruling of the Remington Arms Co. v. Soto case, without comment from any individual justice. The justices' action allows the lawsuit to move forward at the state level, on allegation that Remington Arms Co. targeted younger, at-risk males in marketing and placement in violent video games. This allegation is open for discussion as it could be violating state fair trade laws.
This presents a nationally important question in how to interpret the 2005 Protection of Lawful Commerce in Arms Act, which grants broad immunity to gun-makers and dealers from prosecution over crimes committed with their products. This law was hailed by the National Rifle Association, but it included exceptions, including one for violating rules related to marketing and advertising.
Donald Verrilli, the lawyer leading the families who are suing Remington said their advertising, "continued to exploit the fantasy of an all-conquering lone gunman."
The lawyer representing Remington, Scott Keller, told the court that under the 2005 federal law, the lawsuit "is exactly the kind of case arising from a criminal's misuse of a firearm that 'may not be brought in any federal or state court.'"