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                                                                                                 U.S. NEWS Monday 18 noveMber 2019


















            Sandy Hook lawsuit could force Remington to open books



            By LISA MARIE PANE                                                                                                  advocates  have  outspent
            Associated Press                                                                                                    perhaps his most loyal sup-
            A  recent  ruling  by  the  U.S.                                                                                    porter: the NRA. With slump-
            Supreme Court has upend-                                                                                            ing sales, some companies,
            ed  a  longstanding  legal                                                                                          including Remington, have
            roadblock  that  has  given                                                                                         faced  bankruptcy.  And
            the gun industry far-reach-                                                                                         in  the  wake  of  high-profile
            ing  immunity  from  lawsuits                                                                                       mass  shootings,  corporate
            in  the  aftermath  of  mass                                                                                        America  has  begun  push-
            killings. The court this week                                                                                       ing  back  against  the  in-
            allowed  families  of  victims                                                                                      dustry.  AR-platform  long
            of  the  2012  Sandy  Hook                                                                                          guns have been a particu-
            school massacre to sue the                                                                                          lar  bone  of  contention  for
            maker  of  the  AR-15  used                                                                                         gun-control     advocates
            in  the  attack.  The  case                                                                                         who  believe  the  firearms
            against Remington will now                                                                                          — once banned for a de-
            proceed  in  the  Connecti-                                                                                         cade in the U.S. — are es-
            cut courts.                                                                                                         pecially  attractive  to  mass
            Remington  is  widely  ex-                                                                                          shooters  for  their  ease  of
            pected to win the case, but                                                                                         use and their ability to carry
            critics  of  the  gun  industry                                                                                     large capacity magazines.
            are  eyeing  what  they  see                                                                                        While  handguns  remain
            as  a  significant  outcome                                                                                         used  more  often  in  mass
            even in the face of defeat:                                                                                         shootings,  ARs  have  been
            getting  the  gunmaker  to                                                                                          involved  in  some  of  the
            open  its  books  about  how   In this March 1, 2018 file photo, the Remington name is seen etched on a model 870 shotgun at   deadliest shootings, includ-
            it markets firearms.         Duke's Sport Shop in New Castle, Pa.                                                   ing  when  a  gunman  fired
            Lawyers  for  the  plaintiffs                                                                      Associated Press  on a crowd of concertgo-
            are certain to request that  and cash the checks,” said  which  represents  gunmak-    the  Gun  Industry:  A  Battle  ers outside his hotel room in
            Remington  turn  over  vol-  Joshua  Koskoff,  the  Con-  ers,  said  he  anticipates  at  the  Crossroads  of  Gun  Las Vegas in 2017, killing 58
            umes of documents as part  necticut attorney who rep-     Remington  will  ultimately  Control and Mass Torts."     people and wounding hun-
            of the discovery phase, pro-  resents a survivor and rela-  prevail  and  that  it’s  unfair  Add into the mix that Lan-  dreds.
            viding  a  rare  window  into  tives  of  nine  victims  who  to blame the gunmaker for  za  himself  didn’t  own  the  The AR-15, its design based
            the  inner-workings  of  how  died at the Newtown, Con-   Adam Lanza’s crime.          firearm;  he  stole  it  from  on  the  military  M-16,  has
            a major gun manufacturer  necticut,  school  on  Dec.  “Adam  Lanza  alone  is  the  his  mother  after  killing  her  become  one  of  the  most
            markets its weapons. Those  14, 2012.                     responsible  person.  Not  in  the  home  they  shared,  popular firearms in the U.S.
            materials  might  include  The  case  hinges  on  Con-    Remington,” he said.         then  went  to  the  elemen-  in  recent  decades.  Light-
            company  emails,  memos,  necticut  state  consumer  Suing  the  firearms  industry  tary  school  in  Newtown,  weight,  easy  to  customize
            business  plans  and  cor-   law  that  challenges  how  has never been easy, and  where he killed 20 children  and  able  to  carry  extend-
            porate  strategies,  or  any-  the  firearm  used  by  the  it  was  made  even  harder  and six adults.            ed  magazines,  sales  took
            thing  that  might  suggest  Newtown  shooter  —  a  after  Congress  enacted  “It  makes  it  harder  for  ju-     off once the ban expired in
            the  company  purposely  Bushmaster  XM15-E2S  ri-        the  Protection  of  Lawful  ries  to  connect  the  dots.  2004. There are now an es-
            marketed  the  firearm  that  fle  —  was  marketed,  with  Commerce  in  Arms  Act  in  It’s  a  significant  hurdle  in  timated  16  million  AR-plat-
            may  have  compelled  the  plaintiffs  alleging  Reming-  2005.  The  law  backed  by  all  of  these  cases.  It’s  very  form long guns in the U.S.
            shooter to use the weapon  ton  purposely  used  adver-   the  National  Rifle  Associa-  rare  that  you  have  a  very  Robert J. Spitzer, chairman
            to carry out the slaughter.  tisements  that  targeted  tion  gave  broad  immunity  close  timeframe  between  of  political  science  at  the
            The  plaintiffs  also  believe  younger,  at-risk  males.  In  to the gun industry.    the  marketing  of  a  weap-  State University of New York
            the ruling will put gun com-  one  of  Remington’s  ads,  The  chances  of  the  plain-  on  and  a  mass  shooting,”  at Cortland and a longtime
            panies  on  notice  about  it  features  the  rifle  against  tiffs  ultimately  succeeding  Lytton said.           watcher  of  gun  politics,
            how they conduct business  a  plain  backdrop  and  the  in this case are slim — a sen-  Lanza’s  mother  purchased  said  a  case  against  Rem-
            knowing  they  could  wind  phrase:    “Consider   Your  timent shared by the Con-     the  Bushmaster  AR-plat-    ington could cause “pretty
            up  in  the  courts  in  similar  Man Card Reissued.”     necticut  Supreme  Court,  form  rifle  in  2010  from  a  embarrassing  information”
            fashion.                     Remington did not respond  which  said  they  face  a  Connecticut  gun  shop.  It’s  to come out.
            “If  the  industry  wakes  up  to requests for comment af-  “Herculean task” to prevail.  unclear  if  she  or  her  son  “And it is certainly possible
            and understands their con-   ter the U.S. Supreme Court  Judges and juries generally  were influenced by or had  they will find memos or oth-
            duct behind closed doors is  denied  its  efforts  to  quash  have a tough time blaming  seen Remington’s advertis-  er documents that may sig-
            not protected, then the in-  the lawsuit.                 anyone but the shooter for  ing.  Still,  it’s  been  a  tough  nificantly support their case
            dustry itself ... will take steps  Larry  Keane,  senior  vice  the  crime,  said  Timothy  D.  few  years  for  the  industry.  that  Remington  was  mani-
            to  try  to  help  the  massive  president  and  legal  coun-  Lytton, professor at Georgia  Sales  plummeted  with  the  festly  irresponsible  in  the
            problem  we  have  instead  sel  for  the  National  Shoot-  State University's College of  election  of  President  Don-  way  they  marketed  their
            of  do  nothing  and  sit  by  ing   Sports   Foundation,  Law  and  author  of  "Suing  ald Trump, and gun-control  guns,” Spitzer said.q
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