Morning Briefing
Summaries of health policy coverage from major news organizations
Supreme Court Denies Bid To Block Sandy Hook Relatives' Lawsuit Against Gun Maker In Closely Watched Case
The New York Times: Supreme Court Allows Sandy Hook Relatives To Sue Gun Maker
The Supreme Court cleared the way on Tuesday for relatives of Sandy Hook Elementary School shooting victims to sue the Remington Arms Company, the maker of the rifle used in the massacre. The court said that it would not hear an appeal by Remington of a ruling by Connecticut’s Supreme Court that allowed a lawsuit brought by the families of the victims to go forward. The case has been seen as a test of the ability of plaintiffs to pierce the legal immunity of firearm manufacturers in the aftermath of shootings. (Hussey and Williamson, 11/12)
NPR: Supreme Court Allows Sandy Hook Families' Case Against Remington Arms To Proceed
The closely watched lawsuit has survived many legal twists and turns, moving from state to federal court and back, and repeatedly escaping bids by Remington and gun owners' groups to quash it. While the suit initially centered on a claim of negligent entrustment — or providing a gun to someone who plans to commit a crime with it — the case now hinges on how Remington marketed the gun. (Chappell, 11/12)
Reuters: U.S. Supreme Court Declines To Shield Gun Maker From Sandy Hook Lawsuit
The family members of nine people slain and one survivor of the Sandy Hook massacre filed the lawsuit in 2014. Remington was backed in the case by a number of gun rights groups and lobbying organizations including the powerful National Rifle Association, which is closely aligned with Republicans including President Donald Trump. The NRA called the lawsuit “company-killing.” (Chung, 11/12)
The Associated Press: Supreme Court Lets Sandy Hook Shooting Lawsuit Go Forward
The lawsuit says the Madison, North Carolina-based company should never have sold a weapon as dangerous as the Bushmaster AR-15-style rifle to the public. Gunman Adam Lanza used it to kill 20 first graders and six educators. It also alleges Remington targeted younger, at-risk males in marketing and product placement in violent video games. Lanza was 20 years old. Lanza earlier shot his mother to death at their Newtown home and killed himself as police arrived at the school. The rifle was legally owned by his mother. (11/12)
CNN: Supreme Court Allows Sandy Hook Families To Sue Remington
Lawyers for the victims sued Remington contending that the company marketed rifles by extolling the militaristic qualities of the rifle and reinforcing the image of a combat weapon -- in violation of a Connecticut law that prevents deceptive marketing practices. The rifle was "designed as a military weapon" and "engineered to deliver maximum carnage" with extreme efficiency, they argue in legal briefs. (De Vogue, 11/12)
Fox News: Supreme Court Lets Sandy Hook Families' Lawsuit Against Gunmaker Proceed
The gunmaker argued that the state court's interpretation of the marketing exemption is, "intolerable given Congress's 'intention to create national uniformity'" with the federal law, the Protection of Lawful Commerce in Arms Act. "As the dissenters below noted, lawsuits like this one are precisely the kind the PLCAA was enacted to prevent." (Olson, 11/12)
CNBC: Supreme Court Allows Sandy Hook Families To Move Forward In Suit Against Remington
The Connecticut Supreme Court ruled in a divided opinion earlier this year that the family members could pursue their lawsuit, rejecting Remington’s argument. The court wrote that the family members are “entitled to have the opportunity to prove their wrongful marketing allegations.” (Higgins, 11/12)
The Washington Post: Supreme Court Allows Families Of Sandy Hook Shooting Victims To Sue Gunmaker Remington
“Gun manufacturers throughout the country should be on notice that they’ll need to answer for their reckless business practices in the courts,” Eric Tirschwell, managing director of litigation for Everytown Law, said in a statement. “This reaffirms that the gun industry is not above the law and that the families of the Sandy Hook victims will have their day in court,” he said. (Marimow, 11/12)
ABC News: Supreme Court Clears Way For Newtown Shooting Victim Families To Sue AR-15 Gun-Maker
"The families are grateful that the Supreme Court upheld precedent and denied Remington’s latest attempt to avoid accountability," the attorney representing the families, Josh Koskoff, said in a statement. "We are ready to resume discovery and proceed toward trial in order to shed light on Remington’s profit-driven strategy to expand the AR-15 market and court high-risk users at the expense of Americans' safety." (Dwyer and Svokos, 11/12)
USA Today: Supreme Court Refuses To Block Lawsuit Against Gun Manufacturer Brought By Sandy Hook Families
Sen. Richard Blumenthal, D-Conn., the state's former attorney general, tweeted: "Newtown families will now have their day in court – access to basic justice – against companies that wrongly sold & promoted assault weapons." (Wolf, 11/12)
In other news —
CBS News: 3D-Printed Gun Blueprints Online Ruled Illegal By Federal Judge In Defeat For Trump Administration
A federal judge in Seattle, Washington has ruled illegal the Trump administration's decision last year to allow a Texas company to post blueprints online for 3D-printed guns. Judge Robert Lasnik of the U.S. District Court in Seattle said in his ruling that the administration violated federal law with its July 2018 decision for failing to notify Congress in advance, and failing to provide a "reasoned explanation" of the change in previous policy. (11/13)
