[Harmless Drudge]

Today, the Newtown parents are facing a motion to dismiss by attorneys for Bushmaster. Their case hinges on a premise of negligent entrustment, the idea that Bushmaster was negligent by selling a "military" weapon into the civilian market.

Bushmaster has cited, among other things, the Protection of Lawful Commerce in Arms Act, which insulates them from all liability except in cases of intentional misdeeds or product defects. You might remember that the Smith & Wesson case, a few years back, hinged on the ridiculous allegation that a gun capable of killing good guys, and not just bad guys, was inherently defective.

The hearing today is on the motion to dismiss. The only acceptable outcome is an outright dismissal for lack of standing, which deprives the court of subject matter jurisdiction. Any procession on to the merits opens the door for this crap to happen again and again, until the manufacturers, even if they win every case, will be litigated out of business.

Bushmaster was never negligent in entrusting AR-15 pattern rifles into the civilian market. In fact, they provided a Constitutionally-essential service to the state and the nation by providing the people with the arms that they need to deter tyranny and chastise government overreach.

 

[Viper6Niner]

So today is the day they are slapped down on this entire matter?

 

[scipio337]

So today is the day they are slapped down on this entire matter?

From your lips to God's ears.

 

[3cyl]

Lets pray they are awarded costs and attorney fees

 

[Harmless Drudge]

My apologies... SOME OF the Newtown parents are suing. I won't lash out at grieving parents who want to "do something," but these slimy politicians like Gov. Molloy and Sen. (formerly the Eternal General) **** Blumenthal need to be curb-stomped, tarred, feathered, and ridden out of town on a rail.

 

[HandLoad]

A Hail Mary/Loser, Ab Initio, IMHO. TONS of Amicus Curiae Briefs from Big Hitters in Business/Manufacturing World, I'll Bet. Plaintiff Lawyers will keep trying, though - Great way for Lawyers to get more money...

I'm with Shakespeare: "First, ...

 

[Kalashnikov47]

Lets pray they are awarded costs and attorney fees

Yup...like the lawsuit against lucky gunner, the brady campaign was ordered to pay the court cost and attorney's fees for bringing a frivolous lawsuit against them, the brady campaign also stated the goal of the lawsuit was to financially break lucky gunner...

https://www.nraila.org/articles/201...olous-lawsuit-that-costs-plaintiffs-over-200k

Of course now the brady campaign has filed an appeal about the fee award....

 

[InfScout]

I thought this issue was already decided by the courts in prior cases. The attorneys aiding the families involved in this case are doing a major disservice to those families. It won't be the attorneys responsible for fees and costs.

 

[PaulKersey]

Bushmaster has cited, among other things, the Protection of Lawful Commerce in Arms Act, which insulates them from all liability except in cases of intentional misdeeds or product defects.

There is no shortage of ambulance chasing ******* lawyers who are well aware of the law, yet are eager to sue anyway, just for the possibility of a payday.

The Lawyer bringing this case into court should be disbarred and imprisoned.

 

[Harmless Drudge]

I thought this issue was already decided by the courts in prior cases. The attorneys aiding the families involved in this case are doing a major disservice to those families. It won't be the attorneys responsible for fees and costs.

They are claiming negligent entrustment as a facet of the exemption from immunity in the PLCAA for knowingly transferring arms to prohibited persons. The idea is that they "had to have known" that bad people would get their hands on the guns. An obvious loser from the starting gate, but it's not about winning the case; it's about surviving dismissal as a wedge to hold the door open for a bankrupting flood of suits.

 

[Harmless Drudge]

It should be noted that Obama's ATF already shut down the FFL that sold the specific AR-15 within days of the shooting. The FFL was robbed the prior summer, and that was used as a pretext for shutting them down. The timing screams "Retaliation!" without actually citing Sandy Hook in the action. I did business with them, and they were a pain in the butt because they made me start over Forms 4473 every time something good wasn't exactly right.

 

[Medieval Man]

The anti-gun nuts will be relentless in their bid to disarm Americans.

Having lived through these efforts in California, where we can't possess mags with over 10 rounds and can only possess semi-auto rifles with fixed magazines, be warned that we can never be dismissive of these efforts.

Should the rule of law prevail and this particular case be dismissed? Of course.

But realize that liberals/progressives/socialists have never allowed the rule of law to hinder their efforts. They might very well find a leftist judge who will violate this rule of law to advance the insidious efforts of these gunophobes...

 

[cujet]

Not only did Bushmaster provide proper weaponry, with many mil-spec components to the citizenry, but I'd argue that the weaponry is "down on power". In other words, in addition to that little toy of an AR-15, they should manufacture and provide far more capable arms.

 

[Harmless Drudge]

This tactic is called vexatious litigation, literally, the filing of litigation expressly for the purpose of inconveniencing the defendant, not for any legitimate civil remedy.

 

[UScitizenslave]

This tactic is called vexatious litigation, literally, the filing of litigation expressly for the purpose of inconveniencing the defendant, not for any legitimate civil remedy.

Did bush also file a motion to dismiss based on FRCP 12b6 then?

 

[loki81]

my local liberal media outlet covered this story, i was actually surprised to find that NO ONE was supporting this, even the most rabid anti-gun people thought this was stupid.... coming from a seattle area news outlet and with the locals commenting on it, i was really surprised that was the tone of the comments section....

no way this gets any traction.

 

[dude]

If this were allowed to proceed, would it open the door for families of fatalities of drunk drivers to go after car manufacturers or alcohol beverage makers and supplies?

 

[Pitbull_Dallas]

If this were allowed to proceed, would it open the door for families of fatalities of drunk drivers to go after car manufacturers or alcohol beverage makers and supplies?

Exactly.. The laundry list of manufactures that could be affected by this type of lawsuit would be endless.

 

[HandLoad]

IIRC, they have already used the data from Cars' Computer units to prove for example, things like: the Throttle was wide open, car was in Second Gear, and Impact happened at 74.025MPH, according to agreement with Front wheel and Driveline speeds, etc...Seatbelt was not utilized, and so on...

Except for Proprietary nature of the software, I don't think there is an issue with Encryption for Privacy...

There is a movement to make the Software a "Licensed" feature, and Lawsuits for Modding the software are contemplated...

Copyrighting is already in place, and Reverse Engineering is Expressly Forbidden for Vehicles' Software in the Tiny Print "Boilerplate" that you sign for some New Vehicles....

 

[Harmless Drudge]

Did bush also file a motion to dismiss based on FRCP 12b6 then?

Under the state version of that federal rule of practice, yes.