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Muddling Through

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Member since: Fri Jun 13, 2014, 07:54 AM
Number of posts: 18,476

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Newtown Suit Proceeds under False Pretences

Some of the families who survived the horror of the Newtown shooting are suing Bushmaster, the manufacturer of the AR-15 rifle that was used by the deranged gunman who murdered 20 children and six adults at Sandy Hook Elementary School.

The complaint actually reads more like an attempt at healing than a serious legal claim. To that extent, I am sympathetic. But the strictly legal issues and theory of recovery to be gleaned from it deserve comment.

This is in the class of claims that are barred by a 2005 law, the Protection of Lawful Commerce in Arms Act (PLCAA). Congress passed the PLCAA in response to several years’ worth of creative municipal lawsuits against the gun industry. Former Pennsylvania Governor Ed Rendell explained in a speech to the American Bar Association that the litigation was designed to avoid consolidation and stretch the ability of gun makers to pay for legal defense in dozens of jurisdictions at once.

Balance of article follows at the link. Pretty good analysis of the flaws in the attempt to hold Bushmaster responsible for the criminal misuse of their lawfully manufactured and sold product. YMMV.

http://www.libertylawsite.org/2014/12/29/newtown-suit-proceeds-under-false-pretences/
Posted by Muddling Through | Tue Dec 30, 2014, 02:08 PM (19 replies)
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