Author Topic: Newtown families suing Bushmaster, disributor, seller  (Read 10657 times)

Marnoot

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Newtown families suing Bushmaster, disributor, seller
« on: December 15, 2014, 10:19:04 AM »
http://www.foxnews.com/us/2014/12/15/families-newtown-shooting-victims-sue-gunmaker-seller

Why would a lawyer bother to take on a case like this at this point, when it will almost certainly be smacked down due to the Protection of Lawful Commerce in Arms Act?

wmenorr67

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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #1 on: December 15, 2014, 10:20:06 AM »
Why not sue the school and school district for not providing the proper security? [popcorn]
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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #2 on: December 15, 2014, 10:26:17 AM »
I'm wondering the same thing as you, Marnoot. Besides the ridiculousness of the lawsuit, the timing is strange, unless there is something else going on that they are latching on to.
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cassandra and sara's daddy

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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #3 on: December 15, 2014, 10:37:45 AM »
Trolling for publicity and settlement


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TechMan

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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #4 on: December 15, 2014, 11:15:41 AM »
Trolling for publicity and settlement


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Marnoot

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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #5 on: December 15, 2014, 12:12:38 PM »
Not trolling in rich waters for a settlement. The businesses would all be stupid to settle, since they're all pretty well covered by the aforementioned Act, and this will probably get dropped quickly. The claimed basis for the case is that such an evil gun shouldn't even be available for sale to civilians. Even without the lawsuit protection act, they'd have a tough time winning a case with the primary claim being that a business was doing something they don't like, but that is perfectly legal.

cassandra and sara's daddy

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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #6 on: December 15, 2014, 12:28:36 PM »
Their insurance companies will settle


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It is much more powerful to seek Truth for one's self.  Seeing and hearing that others seem to have found it can be a motivation.  With me, I was drawn because of much error and bad judgment on my part. Confronting one's own errors and bad judgment is a very life altering situation.  Confronting the errors and bad judgment of others is usually hypocrisy.


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zxcvbob

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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #7 on: December 15, 2014, 12:28:58 PM »
Perhaps they expect the case to be dismissed, and this is all just to feed their self-righteousness.  I am really surprised they didn't name the NRA in the suit.

(seriously, when did "victim" become equivalent to "saint"?)
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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #8 on: December 15, 2014, 01:06:39 PM »
So, one of its evil features was that the caliber was "designed to penetrate a steel helmet."   :facepalm:

Which means that for that one purpose, the 5.56mm had to be at least as powerful as all of its military predecessors in the last 120 years.  At that point, why not sue the estate of Captain Desaleux (the inventor of the spitzer bullet)?
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RoadKingLarry

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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #9 on: December 15, 2014, 05:22:53 PM »
I can punch a hole in 1/4" mild steel plate with a cast bullet out of a .30-30 from at least 50 yards. I'm wondering if at least in part this is another sideways attempt on any ammo that can punch through body armor.
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MechAg94

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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #10 on: December 15, 2014, 06:03:27 PM »
So, one of its evil features was that the caliber was "designed to penetrate a steel helmet."   :facepalm:

Which means that for that one purpose, the 5.56mm had to be at least as powerful as all of its military predecessors in the last 120 years.  At that point, why not sue the estate of Captain Desaleux (the inventor of the spitzer bullet)?
I thought steel helmets were never designed to be bullet proof.  They were designed to protect against artillery shrapnel. 
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SADShooter

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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #11 on: December 15, 2014, 06:19:40 PM »
I thought steel helmets were never designed to be bullet proof.  They were designed to protect against artillery shrapnel. 

Just as your facts aren't expected to penetrate the emotional ignorance of a zealous anti.
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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #12 on: December 15, 2014, 08:10:42 PM »
IF the suit progresses, it will really cause problems for those who say there was no shooting and the whole mess was a false flag.   [popcorn]
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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #13 on: December 15, 2014, 08:36:51 PM »
IF the suit progresses, it will really cause problems for those who say there was no shooting and the whole mess was a false flag.   [popcorn]

They'll just claim the lawsuit is part of the fiction.  No swaying the true believers.
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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #14 on: December 15, 2014, 08:48:09 PM »
They'll just claim the lawsuit is part of the fiction.  No swaying the true believers.


There is always a crazy explanation waiting in the wings.


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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #15 on: December 15, 2014, 11:44:21 PM »
IF the suit progresses, it will really cause problems for those who say there was no shooting and the whole mess was a false flag.   [popcorn]




 I don't understand why there is so much idiot conspiracy theory around the Sandy Hook event and not earlier shootings .....   or maybe I am just mis-remembering things ...  [popcorn]
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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #17 on: December 16, 2014, 06:53:30 AM »
My opinion...the suit was filed with the goal of achieving one or more of these objectives:

1.  Quick cash settlement from insurance company.
2.  Try to get a push for new laws against EBRs at the federal level if/when the suit fails.
3.  Find an activist judge to set aside the law and allow the suit to go forward.
4.  Set up an appeal seeking to get the law set aside.
5.  Get lots of publicity for the lawyers.
6.  Given some of the language in the documents, may be trying to lay a foundation for suits using consumer protections laws under some of the dangerous product liability precedent.  Theory being that the item is inherently too dangerous for the consumer to safely use, so the manufacturer/sellers are liable for damages from the consumer use.
7.  The start of a new attack on the firearms industry, trying to litigate them out of business, maybe funded by Bloomburg and Co.
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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #18 on: December 16, 2014, 09:48:31 AM »
I have to also now wonder if this is one of the pieces to "guns are a health issue".
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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #19 on: December 16, 2014, 10:32:16 AM »
http://www.wsj.com/articles/sandy-hook-families-file-lawsuit-against-gun-manufacturer-1418651798

Behind a paywall, but the article says the plaintiffs are proceeding under the 'negligent entrustment' exception of the Act.  They argue that by selling assault rifles to the general public, manufacturers and sellers are then liable for any harm that arises out of the use of that rifle.  It will be a stretch to argue that 'negligent entrustment' applies to the general public rather than a specific individual.
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Scout26

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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #20 on: December 16, 2014, 10:42:13 AM »
All their should to do is file an Affirmative defense under the PLCAA and it should go away.  Unless the find an activist judge.
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KD5NRH

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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #21 on: December 16, 2014, 10:52:19 AM »
I don't understand why there is so much idiot conspiracy theory around the Sandy Hook event and not earlier shootings.....[popcorn]

Well, I for one have never seen conclusive proof that Connecticut exists, so I'm still open to the possibility that even the old maps were just part of the setup for this.

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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #22 on: December 16, 2014, 11:10:28 AM »
This seems wide open to a SLAPP countersuit.
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TommyGunn

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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #23 on: December 16, 2014, 12:21:55 PM »
Well, I for one have never seen conclusive proof that Connecticut exists, so I'm still open to the possibility that even the old maps were just part of the setup for this.

At this point in history I'm ashamed to admit it, but I used to live there .... so, sorry; it exists.  :'( [tinfoil] :laugh:
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Re: Newtown families suing Bushmaster, disributor, seller
« Reply #24 on: December 16, 2014, 12:39:06 PM »
At this point in history I'm ashamed to admit it, but I used to live there .... so, sorry; it exists.  :'( [tinfoil] :laugh:

Sorry, but I've never seen conclusive proof that you're not just an advanced version of Eliza controlled by the same government that wants us to believe Connecticut exists.