Sandy Hook Elementary School in Newtown. Photo by Ron Frank/Shutterstock.com.Conn. Supreme Court Grants Gun Maker Remington's Motion to Stay Sandy Hook Litigation
Gun manufacturer Remington won a stay of litigation Thursday from the Connecticut Supreme Court in the litigation related to the Sandy Hook shootings. The gun maker is preparing to file an appeal with the U.S. Supreme Court.
May 03, 2019 at 10:28 AM
3 minute read
The Connecticut Supreme Court has granted Remington Arms Co. LLC a stay in litigation by families of Sandy Hook Elementary School victims, who filed a lawsuit against the gun maker over the December 2012 massacre at that school.
The gun manufacturer and its daughter company, Bushmaster Firearms International LLC, had requested the stay last month, as they prepare to file an appeal with the U.S. Supreme Court.
In its one-page order issued Thursday, the state's high court said the stay would be granted “until the expiration of the time to petition to the United States Supreme Court, if a petition is filed, until that court has taken action in this case, either by denial of the petition for certiorari, or if applicable, by a decision on the merits.”
It's not clear when a petition with the nation's highest court will be filed. Remington and Bushmaster attorneys James Vogts and Andrew Lothson did not respond to a request for comment Friday. Both attorneys are with Chicago's Swanson, Martin & Bell.
Representing the families are Koskoff Koskoff & Bieder's Josh Koskoff, Alinor Sterling and Katherine Mesner-Hage. In a statement emailed to the Connecticut Law Tribune, Koskoff said: “We expected that, during the short process of petitioning the U.S. Supreme Court, there would be a stay in the case. It is a fairly routine procedure maneuver and in line with the delaying legal tactics that we have dealt with all along.”
Remington has said it will base its appeal on the Protection of Lawful Commerce in Arms Act, which protects gun dealers and manufacturers from liability when crimes are committed with their products.
But in its 4-3 March ruling reviving the lawsuit against Remington, the Connecticut Supreme Court said there was an exception to the PLCAA that allowed for legal action to proceed under state law regarding the sale and marketing of firearms.
The suit stems from shooter Adam Lanza's killing of 20 elementary school students and six educators at the school. Lanza used a Remington AR-15 rifle. The plaintiffs are his victims' parents and relatives. The parents of nine of the school shooting victims brought a 2014 lawsuit seeking financial damages against Remington and Bushmaster, which made the rifle.
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