Maker of the rifle used in the Sandy Hook Elementary School shooting intends to ask Supreme Court to hear appeal of a Connecticut court ruling that reinstated a wrongful death lawsuit against the company filed by victims' relatives.
FILE - In this Jan. 28, 2013, file photo, firearms training unit Detective Barbara J. Mattson, of the Connecticut State Police, holds a Bushmaster AR-15 rifle, the same make and model used by Adam Lanza in the 2012 Sandy Hook School shooting, during a hearing at the Legislative Office Building in Hartford, Conn. A divided Connecticut Supreme Court ruled that gun maker Remington can be sued over how it marketed the Bushmaster rifle used in the massacre.
The case is being watched by gun control advocates, gun rights supporters and gun manufacturers across the country, as it has the potential to provide a roadmap for victims of other mass shootings to circumvent the federal law and sue firearm makers. The federal Protection of Lawful Commerce in Arms Act has been criticized by gun control advocates as being too favorable to gun-makers since it took effect in 2005, and it has been used to bar lawsuits over other mass killings.
Lawyers for Remington, Scott Harrington and James Vogts, wrote in the recent motion that the Connecticut high court "recognized that guidance from the Supreme Court is needed by acknowledging that congressional intent to protect firearm manufacturers from litigation is not clear, and it is 'possible that Congress intended to broadly immunize firearm sellers from liability' for the conduct that Plaintiffs have alleged.
Democratic U.S. Sen. Richard Blumenthal, of Connecticut, and others watching the case have said the ruling reminded them of early court victories against tobacco companies that led them to disclose damaging internal documents and later agree to billions of dollars in legal settlements over sickened smokers.
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