Supreme Court lets Sandy Hook families' lawsuit against gunmaker proceed

DALLAS TX- MAY 05 Attendees look at a display of Remington shotguns during the NRA Annual Meeting & Exhibits at the Kay Bailey Hutchison Convention Center

DALLAS TX- MAY 05 Attendees look at a display of Remington shotguns during the NRA Annual Meeting & Exhibits at the Kay Bailey Hutchison Convention Center

This would be in grave violation of CT law, which prohibits deceptive marketing practices, and would challenge the Protection of Lawful Commerce in Arms Act, which shields gun companies from accountability.

Remington had petitioned the Supreme Court to reverse a March 2019 decision by the Connecticut Supreme Court, which ruled 4-3 that Remington could be sued under state law over its marketing practices, citing one of the few exemptions to the federal law.

The court's order allows the lawsuit filed in Connecticut state court by a survivor and relatives of nine victims who died at the Newtown, Connecticut, school on December 14, 2012, to go forward.

A lawsuit filed by parents whose children were killed in the Sandy Hook Elementary School shooting will move forward after the Supreme Court declined to block the filing.

Under Connecticut law, there is a provision that allows prosecution of companies if they engage in marketing and sales practices that pose a direct danger.

The suit also alleges that the North Carolina-based company targeted younger at-risk men in marketing in violent video games. 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.

A survivor and families of nine other victims of the Sandy Hook Elementary School mass shooting are attempting to hold Remington Arms Company, the manufacturer of the semi-automatic rifle that was used in the crime, partly responsible by targeting the company's marketing strategy.

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One of the plaintiffs in the case is David Wheeler, whose 6-year-old son, Ben, was killed in the Sandy Hook shooting.

The National Shooting Sports Foundation, as the firearms industry's trade association, is disappointed by the U.S. Supreme Court's decision today not to review the Connecticut Supreme Court's decision in Remington v. Soto. The families say Remington should be held liable, as the maker and promoter of the AR-15-style rifle used in the 2012 killings.

On the day of the attack, Lanza took the weapon - which was legally owned by his mother - from his home and began shooting at the school. He killed his mother before leaving for the school.

Tuesday's order rejecting the appeal is part of a long list of rejected cases, and the high court provided no explanation for why it didn't take the matter up.

Often, the federal PLCAA law means sudden death for any lawsuit against a gun company.

The closely watched lawsuit has survived many legal twists and turns, moving from state to federal court and back, and repeatedly escaping bids by Remington and gun owners' groups to quash it. "This critical victory reinforces the need for Congress to pass legislation repealing the gun industry's sweetheart immunity deal and unlocking the doors to justice for all victims of gun violence".

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