A definite win for those of us who still believe in the Constitution.
A Superior Court judge has dismissed a lawsuit filed by the families of some victims of the 2012 Sandy Hook Elementary School shooting against the manufacturer of the weapon used in the massacre.
In a 54-page written ruling on the widely watched case, Judge Barbara Bellis agreed with attorneys for Remington Outdoor Co. that the lawsuit “falls squarely within the broad immunity” provided to gun manufacturers and dealers by federal law, specifically the Protection of Lawful Commerce in Arms Act.
Attorneys for Remington had filed the motion to dismiss the case several months ago based on the federal law.
In an interview with the Courant Friday, the families’ attorney, Josh Koskoff, said he was surprised at the judge’s ruling but that his clients will appeal.
“My clients are the most tested and resilient people you could ever possibly represent,” Koskoff said. “To lose a motion in court is disappointing and tough to take but it is peanuts compared to what they have lost and they will fight until the end to get their day in court.”
Koskoff said while other lawsuits have failed to pierce the immunity PLCAA provides he expected this one to move forward.
“This is not your ordinary case. The facts of this case put it in a different footing than some others,” Koskoff said. “These families deserve to have their case heard in court and decided by a jury and we will do everything we can to make that happen.”
Remington officials did not comment on the ruling.
While most legal experts considered a victory unlikely, many of the families were hoping that the case would proceed to the discovery phase and that documents could be revealed how the manufacturer markets the Bushmaster AR-15 rifle used in the slaying, in which 20 first graders and six adults were killed inside the Newtown school.