Sandy Hook Families' Lawsuit Against Gun Companies Can Move Forward, Judge Says

[MechAg94]

http://www.npr.org/sections/thetwo-way/2016/04/14/474248535/sandy-hook-families-lawsuit-against-gun-companies-can-move-forward-judge-says
Not a lot of detail, but the comments are amusing. 

http://www.usatoday.com/story/opinion/2016/04/13/gun-lawsuits-sandy-hook-newtown-adam-lanza-our-view-editorials-debates/82999006/

Suing gun makers and gun stores for selling a weapon used by a deranged young man to slaughter people is not unlike suing the maker and seller of a car that a demented driver slams into a crowd of people.

[MechAg94]

http://www.ctpost.com/local/article/Sandy-Hook-suit-against-gunmakers-lives-7248610.php?cmpid=twitter-tablet

However, in analyzing the federal law, Bellis said the PLCAA’s use of the term “may not” sue manufacturers is not a clear statement from Congress limiting the power of courts in the cases.
“The court concludes that any immunity that PLCAA may provide does not implicate this court’s subject matter jurisdiction,” Bellis said in her 18-page decision. “Accordingly, the defendants’ motions to dismiss, in which they claim that the court lacks subject matter jurisdiction, cannot be granted on the basis of PLCAA.”
Sachin Padya, professor of law at the University of Connecticut, said Thursday that Judge Bellis was reading the defendants’ argument not on the merits of the case but on whether she could hear it in the first place.
“The judge is saying the defendants are wrong that the federal statute strips the court of the power to hear the case,” Pandya said. “She says the law does not restrict the court’s power to hear the case.”
Pandya said the court’s decision does not stop the defendants from later seeking to strike or throw out the case on the merits.

[zxcvbob]

Because the law says "may not" instead of "must not", it's just a suggestion?  (what an idiot.  Or dishonest hack)

[Brad Johnson]

Call me naïve, but isn't the law absolutely, positively, unquestionably crystal clear on this? Doesn't the court agreeing to hear it essentially thumb it's nose at the law?

Chris and Millcreek, you have calls on the white courtesy phone...

Brad

[Hawkmoon]

Good discussion of this case on The Firing Line, with comments by several attorneys:

http://thefiringline.com/forums/showthread.php?t=575229

[AJ Dual]

Hopefully Bushmaster can counter-sue for legal costs at the end, like the gun store did successfully (as long as you don't count actually collecting as part of "successful") to the Aurora shooting family.

[T.O.M.]

Sorry, I was camping over the weekend, and didn't access APS until this morning.  I just read PLCAA a couple of times.  My thoughts:
1.  First, courts of appeals around the country at all levels are coming down pretty hard on judges who dismiss civil cases really early in the pretrial stages.  Keep saying things like "denying access to the system" and "preventing parties from developing cases by throwing them out at the onset."  I believe that a lot of cases should be thrown out early, but at the same time understand why judges are becoming reluctant to do so.
2.  The PLCAA is a qualified immunity law, meaning that the manufacturers enjoy the immunity in certain circumstances if they meet the qualifications under the statute.  This is why the term "may" is used.  It's not a blanket prohibition against any lawsuits brought against a manufacturer.
3.  I'm troubled by this line, attributed to the judge... "(the PLCAA) does not prevent lawyers for the families of Sandy Hook victims from arguing that the AR-15 semi-automatic rifle is a military weapon and should not have been sold to civilians."  The reason I find this troubling is that having now read the statute, it is clear that it was intended to protect a manufacturer from suit if (1) the product was legally made, marketed, and sold and (2) the end user of the product misused the firearm.  The reason I'm troubled by this is that it seems pretty clear that this judge may hold a position that "military weapons" have no business being sold to "civilians".  Somehow she's deciding that the AR isn't a "firearm" for purposes of the PLCAA, or that by marketing/selling the AR, it's not subject to the qualified immunity.  The statement seems to be implying that she thinks that it's a trial issue, when it's a legal issue. 

[grampster]

After 72 years, roughly 60 of them sentient, I recognize that all judges are not gifted with intelligence or even a smattering of understanding the law. 

[KD5NRH]

Because the law says "may not" instead of "must not", it's just a suggestion?  (what an idiot.  Or dishonest hack)

Think about what the judge did to get that job.  Now think about how many friends said judge has in said previous profession.  Now think about who benefits from dragging things like this out longer.

[dogmush]

I am not aware of a single standing army, anywhere in the world that issues a Bushmaster. Or even an AR-15.

[Perd Hapley]

So if the civilians aren't to have military weapons, then what is this whole militia thing our Constitution talks about? Are we supposed to use pepper spray, or something?

And if civilians can't have military weapons, then shouldn't the judge be more concerned about her local (civilian) police force?

So many troubling questions...

[T.O.M.]

Think about what the judge did to get that job.  Now think about how many friends said judge has in said previous profession.  Now think about who benefits from dragging things like this out longer.

Just looked it up.  Connecticut has an interesting system to get judges.  There's a Judicial Selection Committee that provides a list of names to the governor, who then chooses a candidate from that list to go to the legislature, which either confirms or rejects that candidate.  Eight year appointment term. Coming from a state where judges are elected, I don't know which is worse, judges who are politically connected enough to get appointed, or judges who are politicians so they can get elected...

[grampster]

Here in Michigan we have the best of both worlds.  If a judgey slot needs to be filled mid term the Bar Association tells the governor who to pick.  If a judge leaves at the end of term, the Bar Association lets all the news outlets know who's the attorney to vote for and the media publishes the recommendation.

I still think Wm. F. Buckley had the best idea when he said he'd rather be governed by the first 1000 people in the Boston phone book than the dons of Harvard.

We should pick all the positions from President on down to the Justice of the peace by having a troop of monkeys point at names in a phone book or post the phone book on the wall of an Irish bar and let the boyos through darts at it.

[KD5NRH]

We should pick all the positions from President on down to the Justice of the peace by having a troop of monkeys point at names in a phone book or post the phone book on the wall of an Irish bar and let the boyos through darts at it.

Random number generator and the SS number database.

[Boomhauer]

I am not aware of a single standing army, anywhere in the world that issues a Bushmaster

Georgia, the country, not the state, briefly did before the Russians took them away.

[cordex]

Random number generator and the SS number database.

"And for this term as President we will be served by Herb Johnson and four men named José."