Newtown Families File Lawsuit Against Bushmaster

How do you win a lawsuit against a company for manufacturing a product that works as it is intended and designed to?

What a waste of taxpayer money having to entertain this garbage!

You want to sue someone? Sue your state .gov for not allowing lawful citizens to protect themselves and the children at that school.
 
The difference is that Bushmaster will pay. The only question is how much.

Why would they pay, they have immunity from suits like this like all firearm and ammo manufacturers, dealers, etc. It will be dismissed and bushmaster should go after the plaintiffs for attorney fees for this bs suit.
 
Why would they pay, they have immunity from suits like this like all firearm and ammo manufacturers, dealers, etc. It will be dismissed and bushmaster should go after the plaintiffs for attorney fees for this bs suit.

There will always be some argument as to why the immunity does not apply - and the politics of going after the grieving parents for legal fees will make that avenue a non-starter.

Remember the DC sniper case. The shop paid $2M and the "immune" bushmaster paid $550,000.

My bet is on a settlement, with some weasel words about how it is for the best.
 
New York attorney Robert Fellows tells CBS News that the lawsuit will be “very difficult” to show liability.
“If you can prove that a manufacturer knew in some way that the gun would end up the hands of a proscribed purchaser, someone who shouldn’t have the gun, you might be able to show liability. But it is going to be very difficult,” Fellows said.

This should tell them to STFU all by itself. The lawyer is going to be the real winner in this.
 
The negligence and wrongful death lawsuit asserts that the Bushmaster AR-15 rifle should not have been made publicly available because it is a military weapon unsuited for civilian use.

1) Does Bushmaster even call it an AR-15? I thought Armalite or Colt had the trademark.
2) Wasn't the AR-15 designed as semi-auto first, and then converted to full auto for the military?
 
You manufacture a legal product. Someone legally buys the product. Someone else murders the legal owner, steals the legal product, and then uses the product to murder others.

And it's your fault.
 
Bushmaster, the distributor and the gun shop are all being sued. This is not going to help those families deal with their grief. They are either being used by the anti's or they are just a bunch of tools themselves.
 
People always sue "deep pockets"
Juries are made of people
People think "someone should pay"
"deep pockets" wont be harmed by this small (relative to their earnings) payment

It becomes better to settle than to get an actual judgement. In the settlement to you can control the terms/language. If you lose, you are "bad" with no mitigation.

Yes, it sucks and is wrong
 
People always sue "deep pockets"
Juries are made of people
People think "someone should pay"
"deep pockets" wont be harmed by this small (relative to their earnings) payment

It becomes better to settle than to get an actual judgement. In the settlement to you can control the terms/language. If you lose, you are "bad" with no mitigation.

Yes, it sucks and is wrong

I think the MFG could get the case against them dismissed because there is a law that protects them from such lawsuits, but I don't think that law protects distributors and dealers.
 
They should use their settlements to pay for (more) acting lessons, I didnt buy any of that shit.
 
You manufacture a legal product. Someone legally buys the product. Someone else murders the legal owner, steals the legal product, and then uses the product to murder others.

And it's your fault.

^^^^THIS X 100000^^^^

Their though process makes my head explode
 
So they want cash from Bushmaster because the gun was used in a crime. I wonder if they will send Bushmaster some cash for helping capture the marathon bombers, for killing Osama Bin Laden and for all the other good stuff??
 
Can we say Motion for Summary Judgement...

Regardless, BM will pay because they will do that math on attorney's fees and pay somewhere south of that and they save money.
 
Can we say Motion for Summary Judgement...

Regardless, BM will pay because they will do that math on attorney's fees and pay somewhere south of that and they save money.

They will only do that if the case is not dismissed. And it should be since there is a law on the books stating as much. "Should" being the operative word.
 
There will always be some argument as to why the immunity does not apply - and the politics of going after the grieving parents for legal fees will make that avenue a non-starter.

Remember the DC sniper case. The shop paid $2M and the "immune" bushmaster paid $550,000.

My bet is on a settlement, with some weasel words about how it is for the best.

The DC sniper case was settled in Sept of 2004, the immunity law was signed into law in Oct of 2005.

http://overlawyered.com/2004/09/bushmaster-settles-dc-sniper-case/

http://en.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act


The public doesn't blame the gun companies, they blame Lanza and his mother. They won't settle as it just encourages these crap suits to continue. Newtown was highly covered but think about all the gang shootings, etc. and each one of those families would now look to sue. Spend the money on the lawyers and get it kicked, they are immune, it won't take much effort.
 
I'm [rolleyes] here at their argument....

The negligence and wrongful death lawsuit, filed in Bridgeport Superior Court, asserts that the Bushmaster AR-15 rifle should not have been made publicly available because it was designed for military use and is unsuited for hunting or home defense.

‘‘The AR-15 was specifically engineered for the United States military to meet the needs of changing warfare,’’ attorney Josh Koskoff said in a release. ‘‘In fact, one of the Army’s specifications for the AR-15 was that it has the capability to penetrate a steel helmet.’’


There will always be some argument as to why the immunity does not apply - and the politics of going after the grieving parents for legal fees will make that avenue a non-starter.

Remember the DC sniper case. The shop paid $2M and the "immune" bushmaster paid $550,000.

My bet is on a settlement, with some weasel words about how it is for the best.

Except, this time around they have the Protection of Lawful Commerce in Arms Act covering their asses.

The DC Sniper settlement was finalized in Sept 04, and the Protection of Lawful Commerce in Arms Act was passed in Oct 05


ETA... Hoover beat me by seconds.
 
Can we say Motion for Summary Judgement...

Regardless, BM will pay because they will do that math on attorney's fees and pay somewhere south of that and they save money.

It's not the attorney's fees for this case only, they would create a never ending series of lawsuits for all the murders or assaults. That is a never ending money pit and each time there will still be attorney's fees.

The wacko mother of a Aurora Co movie theather victim, Sandy Philips, she is suing lucky gunner for selling that guy the ammo. The suit is being brought by the Brady group on her behalf. Lucky gunner should go after attorneys fees there and put the Brady group out of business or at least make the shame suit hurt.

I didn't read who is suing from Newtown but it's probably the same ones that have made it their full time job to pass unconstitutional gun control laws since newtown. They were in MA lobbying, a few were in NH asking stupid questions of Ayotte and trying to embarrass her, they went to NJ, CT, NY, MD, CA, etc. They are not grieving families, they are anti's trying to control people. Their attorney's know the suit is BS, Bushmaster should go after the attorney's fees. This is the easiest way to make sure nuisance lawsuits don't return.
 
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