JSnover
10-14-2016, 07:12 PM
http://patch.com/connecticut/newtown/judge-dismisses-lawsuit-brought-families-sandy-hook-victims-against-rifle-maker
In dismissing the lawsuit, Judge Barbara Bellis wrote (http://civilinquiry.jud.ct.gov/DocumentInquiry/DocumentInquiry.aspx?DocumentNo=11214676) in her decision that "Congress, through the Protection of Lawful Commerce in Arms Act (PLCAA), has broadly prohibited lawsuits 'against manufacturers, distributors, dealers, and importers of firearms...for the harm solely caused by the criminal or unlawful misuse of firearm products...by others when the product functioned as designed and intended."
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Finally, the plaintiffs also cannot avail themselves under the Connecticut Unfair Trade Practices Act (CUPTA) to bring the lawsuit within PLCAA's exceptions. Under CUPTA, a plaintiff must allege a consumer, competitor or other commercial relationship with the defendant. In the current case, the plaintiffs did not allege any such relationship.
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Connecticut Gov. Dannel Malloy issued the following statement:
“While today is a deeply disappointing day for the families, their appeal will continue this fight for justice. As I have stated before, the laws providing unique protections to gun manufacturers need to be changed to give crime victims a right to pursue legal remedies.”
In dismissing the lawsuit, Judge Barbara Bellis wrote (http://civilinquiry.jud.ct.gov/DocumentInquiry/DocumentInquiry.aspx?DocumentNo=11214676) in her decision that "Congress, through the Protection of Lawful Commerce in Arms Act (PLCAA), has broadly prohibited lawsuits 'against manufacturers, distributors, dealers, and importers of firearms...for the harm solely caused by the criminal or unlawful misuse of firearm products...by others when the product functioned as designed and intended."
...
Finally, the plaintiffs also cannot avail themselves under the Connecticut Unfair Trade Practices Act (CUPTA) to bring the lawsuit within PLCAA's exceptions. Under CUPTA, a plaintiff must allege a consumer, competitor or other commercial relationship with the defendant. In the current case, the plaintiffs did not allege any such relationship.
...
Connecticut Gov. Dannel Malloy issued the following statement:
“While today is a deeply disappointing day for the families, their appeal will continue this fight for justice. As I have stated before, the laws providing unique protections to gun manufacturers need to be changed to give crime victims a right to pursue legal remedies.”