Supreme Court Will Allow Sandy Hook Families To Sue Remington Arms
By Bill Galluccio
November 12, 2019
The United States Supreme Court dismissed a request by Remington Arms to block a lawsuit filed by the families of the victims of the Sandy Hook school massacre.
While a 2005 law shields gun manufacturers from liability when their weapons are used to commit crimes, lawyers for the families argue that a loophole in the law allows them to seek damages from Remington. They claimed that the gun manufacturer marketed the gun “as a highly lethal weapon designed for purposes that are illegal — namely, killing other human beings.”
Earlier in the year, the Connecticut Supreme Court ruled in a divided opinion that the family members were “entitled to have the opportunity to prove their wrongful marketing allegations.” That decision overturned a lower court's decision that found Remington was shielded from the wrongful death lawsuit.
The outcome of the lawsuit could have far-reaching effects on the gun industry. Since 2005, when Congress passed the Protection of Lawful Commerce in Arms Act, gun manufacturers have been shielded from lawsuits when their weapons are used in crimes. Remington argued that allowing the lawsuit to move forward would "eviscerate" the law and could open the door for multiple, costly lawsuits.
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