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Conn. Judge dismisses Sandy Hook families’ lawsuit against gunmaker, Remington; Appeal Promised

&Tab;&Tab;<div class&equals;"wpcnt">&NewLine;&Tab;&Tab;&Tab;<div class&equals;"wpa">&NewLine;&Tab;&Tab;&Tab;&Tab;<span class&equals;"wpa-about">Advertisements<&sol;span>&NewLine;&Tab;&Tab;&Tab;&Tab;<div class&equals;"u top&lowbar;amp">&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;<amp-ad width&equals;"300" height&equals;"265"&NewLine;&Tab;&Tab; type&equals;"pubmine"&NewLine;&Tab;&Tab; data-siteid&equals;"109460728"&NewLine;&Tab;&Tab; data-section&equals;"1">&NewLine;&Tab;&Tab;<&sol;amp-ad>&NewLine;&Tab;&Tab;&Tab;&Tab;<&sol;div>&NewLine;&Tab;&Tab;&Tab;<&sol;div>&NewLine;&Tab;&Tab;<&sol;div><header id&equals;"ra-headers">&NewLine;<h4 class&equals;"ra-caption"><span style&equals;"color&colon;&num;210303&semi;">Superior Court Judge Barbara Bellis dismissed the Sandy Hook families&&num;8217&semi; suit&comma; Friday<&sol;span><&sol;h4>&NewLine;<h4 class&equals;"ra-caption"><span style&equals;"color&colon;&num;210303&semi;">Plaintiffs say &&num;8220&semi;While the families are obviously disappointed with the judge’s decision&comma; this is not the end of the fight&period; We will appeal this decision immediately and continue our work to help prevent the next Sandy Hook from happening”<&sol;span><&sol;h4>&NewLine;<h2 class&equals;"ra-caption"><&sol;h2>&NewLine;<&sol;header>&NewLine;<div id&equals;"ra-body-wrap">&NewLine;<div class&equals;"ra-module top h">&NewLine;<figure class&equals;"ra-figure"><figcaption><img class&equals;"alignnone size-full wp-image-83517" src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2016&sol;10&sol;sandy-hook-elementary-school&period;jpg" alt&equals;"Sandy Hook Elementary School&period;jpg" width&equals;"971" height&equals;"546" &sol;><&sol;figcaption><figcaption>&NewLine;<h2 class&equals;"ra-caption">Sandy Hook Elementary School&comma; where Adam Lanzer killed 26 people with the Bushmaster AR-15 rifle<&sol;h2>&NewLine;<&sol;figcaption><&sol;figure>&NewLine;<&sol;div>&NewLine;<article id&equals;"ra-body">A judge on Friday dismissed a wrongful death lawsuit by Newtown families against the maker of the rifle used in the Sandy Hook Elementary School shooting&comma; saying federal law shields gun manufacturers from most lawsuits over criminal use of their products&period;<br &sol;>&NewLine;State Superior Court Judge Barbara Bellis granted a motion by Remington Arms to strike the lawsuit by the families of twenty children and six adults killed and a teacher who survived the attack on Dec&period; 14&comma; 2012&period; A gunman killed 20 first-graders and six educators at the school with a Bushmaster AR-15-style rifle made by Remington&period;<br &sol;>&NewLine;The judge has dismissed the attempt by 10 Sandy Hook families to hold the gun maker&comma; responsible in the massacre&period;<br &sol;>&NewLine;The families were seeking to hold Remington accountable for selling what their lawyers called a semi-automatic rifle that is too dangerous for the public because it was designed as a military killing machine&period;<br &sol;>&NewLine;&&num;8220&semi;While the families are obviously disappointed with the judge’s decision&comma; this is not the end of the fight&period; We will appeal this decision immediately and continue our work to help prevent the next Sandy Hook from happening&comma;” Attorney Josh Koskoff said Friday afternoon&period;<&sol;p>&NewLine;<p><img class&equals;"alignnone size-full wp-image-83515" src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2016&sol;10&sol;superior-court-judge-barbara-bellis-dismissed-the-sandy-hook-families-suit1&period;jpg" alt&equals;"Superior Court Judge Barbara Bellis dismissed the Sandy Hook families' suit1&period;jpg" width&equals;"1200" height&equals;"800" &sol;><&sol;p>&NewLine;<h6 class&equals;"ra-caption">Superior Court Judge Barbara Bellis dismissed the Sandy Hook families&&num;8217&semi; suit against gunmaker&comma; Remington&comma; Friday<&sol;h6>&NewLine;<p>Judge Bellis had previously rejected a Remington dismissal motion in April&comma; though the company&comma; one of the country&&num;8217&semi;s largest weapons makers&comma; made another attempt to avoid trial going to trial this summer&period;<br &sol;>&NewLine;The trial was set to begin April 2018&comma; with the intervening time used for discovery including how Remington marketed its guns&period;<br &sol;>&NewLine;A Connecticut judge has dismissed the lawsuit by Sandy Hook families attempt to hold a gunmaker responsible in the massacre&period;<br &sol;>&NewLine;The families affected by Adam Lanza’s 2012 rampage that killed 20 students and six adults in Newtown say that Remington Outdoor had marketed the military-style AR-15 rifle to civilians like the shooter&period;<br &sol;>&NewLine;Remington&comma; which argues that it did not actually sell the gun to the 20-year-old&comma; has repeatedly asked for the suit&comma; one of the country&&num;8217&semi;s highest profile cases against gun manufacturers&comma; to be dismissed&period;<br &sol;>&NewLine;The judge granted the manufacturer’s motion on Friday&comma; saying that the federal Protection of Lawful Commerce in Arms Act prevents gun makers being held responsible&period;<&sol;p>&NewLine;<div class&equals;"ra-module h">&NewLine;<figure class&equals;"ra-figure"><figcaption>&NewLine;<h2 class&equals;"ra-caption"><img class&equals;"alignnone size-full wp-image-83551" src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2016&sol;10&sol;detective-barbara-j-mattson-of-the-connecticut-state-police-holds-up-a-bushmaster-ar-15-rifle-the-same-gun-used-by-adam-lanza-in-the-sandy-hook-school-shooting&period;jpg" alt&equals;"detective-barbara-j-mattson-of-the-connecticut-state-police-holds-up-a-bushmaster-ar-15-rifle-the-same-gun-used-by-adam-lanza-in-the-sandy-hook-school-shooting" width&equals;"1200" height&equals;"861" &sol;><&sol;h2>&NewLine;<h6 class&equals;"ra-caption">Conn&period; Detective Barbara J&period; Mattson of the State Police holds up a Bushmaster AR-15 rifle&comma; the same make and model of gun used by Adam Lanza in the Sandy Hook School massacre<&sol;h6>&NewLine;<&sol;figcaption><&sol;figure>&NewLine;<&sol;div>&NewLine;<p>The law&comma; signed by George W&period; Bush in 2005&comma; says that the companies cannot be sued for harm caused by others as long as &&num;8220&semi;the product functioned as designed and intended&period;&&num;8221&semi;<br &sol;>&NewLine;The Sandy Hook families had said that exceptions to the law&comma; based on a manufacturer&&num;8217&semi;s negligence or violating of state law&comma; applied to their case&comma; which also included other defendants such as gun distributor Camfour and the store where Nancy Lanza bought the gun used in the shooting&period;<&sol;p>&NewLine;<&sol;article>&NewLine;<h6 class&equals;"ra-caption"><img class&equals;"alignnone size-full wp-image-83540" src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2016&sol;10&sol;jimmy-greene-and-nelba-marquez-greene-the-parents-of-ana-marquez-greene-a-victim-of-the-sandy-hook-elementary-school-shooting-attend-a-news-conference-in-jan-2013&period;jpg" alt&equals;"Jimmy Greene and Nelba Marquez-Greene&comma; the parents of Ana Marquez-Greene a victim of the Sandy Hook Elementary School shooting&comma; attend a news conference in Jan&period; 2013&period;jpg" width&equals;"1200" height&equals;"861" &sol;><&sol;h6>&NewLine;<h6 class&equals;"ra-caption">Jimmy and Nelba Marquez-Greene&comma; the parents of Ana Marquez-Greene a victim of the Sandy Hook Elementary School shooting at a 2013 press conference<&sol;h6>&NewLine;<p>The judge said in her decision Friday that Congress&&num;8217&semi;s vision for the 2005 act was to limit responsibility to only those parties that gave the gun to the person who committed harm&period;<br &sol;>&NewLine;Besides Remington&comma; other defendants in the lawsuit include firearms distributor Camfour and Riverview Gun Sales&comma; the now-closed East Windsor store where the Newtown gunman&&num;8217&semi;s mother legally bought the Bushmaster XM15-E2S rifle used in the shooting&period;<br &sol;>&NewLine;Adam Lanza&comma; 20&comma; shot his mother to death at their Newtown home before driving to the school&comma; where he killed 26 other people&period; He killed himself as police arrived&period;<&sol;p>&NewLine;<article id&equals;"ra-body"><img class&equals;"alignnone size-full wp-image-83533" src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2016&sol;10&sol;adam-lanza1&period;jpg" alt&equals;"Adam Lanza1&period;jpg" width&equals;"636" height&equals;"612" &sol;><&sol;p>&NewLine;<h6><strong>Mass killer &&num;8211&semi; Adam Lanza killed 27 people&period; His main weapon was the Bushmaster AR-15 rifle<&sol;strong><&sol;h6>&NewLine;<p>The families of 10 victims of the Sandy Hook shooting filed the lawsuit in January 2015 against the Remington Outdoor Co&period;&comma; the maker of the Bushmaster rifle used by Adam Lanza&period;<br &sol;>&NewLine;The lawsuit also named Camfour Holding LLC&comma; the gun&&num;8217&semi;s distributor and Riverview Sales&comma; the store where Nancy Lanza&comma; Adam&&num;8217&semi;s mother&comma; bought the AR-15&period; Bellis dismissed the lawsuit against all of the companies&period; Riverview Sales&comma; which was located in East Windsor&comma; has since closed by federal authorities for other violations&period;<br &sol;>&NewLine;The judge made it clear that the families&&num;8217&semi; claims that the gun company should be held liable for Adam Lanza&&num;8217&semi;s actions did not meet the narrow exceptions the federal law allows&period;&&num;8221&semi;Although PLCAA provides a narrow exception under which plaintiffs may maintain an acti<br &sol;>&NewLine;on for negligent entrustment of a firearm&comma; the allegations in the present case do not fit within the common-law tort of negligent entrustment under well-established Connecticut law&comma; nor do they come within PLCAA&&num;8217&semi;s definition of negligent entrustment&comma;&&num;8221&semi; Bellis wrote&period;<br &sol;>&NewLine;&&num;8220&semi;Furthermore&comma; the plaintiffs cannot avail themselves of the Connecticut Unfair Trade Practices Act &lpar;CUTPA&rpar; to bring this action within PLCAA&&num;8217&semi;s exception allowing lawsuits for violation of a state statute applicable to the sale or marketing of firearms&period; A plaintiff under CUTPA must allege some kind of consumer&comma; competitor&comma; or other commercial relationship with a defendant&comma; and the plaintiffs here have alleged no such relationship&comma;&&num;8221&semi; the judge wrote&period;<br &sol;>&NewLine;On CUTPA&comma; the court accepted the defendants&&num;8217&semi; argument that a plaintiff must have had a business relationship with the business in order to bring a claim – and the plaintiffs here didn&&num;8217&semi;t&period;<&sol;p>&NewLine;<&sol;article>&NewLine;<&sol;div>&NewLine;

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