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12/14 Families vs Remington Lawsuit Dismissed

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(Friday, October 14, 2016; 4:56 pm: This story has been updated with details from Judge Barbara Bellis's decision.)

The lawsuit by eight Sandy Hook families and one teacher against Remington Arms, the maker of the rifle used on 12/14, has been dismissed.

Superior Court Judge Barbara Bellis on Friday, October 14, granted a motion by the North Carolina-based Remington Arms to strike the lawsuit by the families of four of the adults and five of the children killed, and a teacher who survived the attack at Sandy Hook Elementary School on December 14, 2012.

Judge Bellis felt federal law shields gun manufacturers from most lawsuits over criminal use of their products in handing down her decision.

In her 54-page ruling, Judge Bellis additionally cited the Protection of Lawful Commerce in Arms Act (PLCAA), which protects gunmakers from such lawsuits.

While PLCAA provides a narrow exception under which plaintiffs may maintain an action for negligent entrustment of a firearm, the judge wrote in her decision, "Tthe allegations in the present case do not fit within the common-law tort of negligent entrustment under well-established Connecticut law, nor do they come within PLCAA's definition of negligent entrustment.

"Furthermore, the plaintiffs cannot avail themselves of the Connecticut Unfair Trade Practices Act (CUTPA) to bring this action within PLCAA's exception allowing lawsuits for violation of a state statute applicable to the sale or marketing of firearms.

"A plaintiff under CUTPA must allege some kind of consumer, competitor, or other commercial relationship with a defendant, and the plaintiffs here have alleged no such relationship.

"For all of the foregoing reasons, the court grants in their entirety the defendants' motions to strike the amended complaint."

The lawsuit filed on January 26, 2015, sought damages and injunctive relief against Bushmaster Firearms International LLC, Freedom Group Inc, Bushmaster Firearms, Bushmaster Firearms Inc, Bushmaster Holdings LLC, Remington Arms Co LLC and Remington Outdoor Company (collectively referred to as Remington defendants in the proceedings); and Camford Inc and Camfour Holding LLP (collectively, Camfour defendants); and Riverview Sales Inc and David LaGuercia (Riverview defendants).

The plaintiffs contended that Remington's manufacturing, sales, and marketing activities for the firm's military-style Bushmaster XM15-E2S semiautomatic rifle violate the Connecticut Unfair Trade Practices Act (CUTPA), and that its sale of the firearm to a civilian market was negligent.

In a statement released Friday afternoon, Mr Koskoff said of the decision: "While the families are obviously disappointed with the judge's decision, this is not the end of the fight. We will appeal this decision immediately and continue our work to help prevent the next Sandy Hook from happening."

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