A family of one of the seven victims killed in the Highland Park July 4th Parade shooting in 2022 has filed a wrongful death lawsuit against the manufacturer of the guns used in the shooting.
The family of Eduardo Uvalde, a father, grandfather, and great-grandfather, is suing Smith & Wesson, the maker of the M&P 15 — the AR-15-style weapon — used in the shooting.
A group of survivors and families of children present that day are also part of the suit.
The suit filed in Illinois state court on Friday alleges that the maker continued to market and sell its M&P 15 and also pushed it on teenagers despite it being used in four mass shootings — including in Aurora, CO, San Bernardino, CA, Parkland, FL, and Poway, CA. — in the past decade. …
Koskoff Koskoff & Bieder, which previously represented the nine Sandy Hook families in the settlement against Remington, and Rapoport Weisberg & Sims P.C. will represent the plaintiffs.
The suit also involves Budgsunshop.com, LLC and Red Dot Arms, Inc. for selling the weapon to an individual prohibited from owning it.
— Jeramie Bizzle in Family of Highland Park parade shooting victim file wrongful death lawsuit against Smith & Wesson
“The suit filed in Illinois state court on Friday alleges that the maker continued to market and sell its M&P 15 and also pushed it on teenagers despite it being used in four mass shootings — including in Aurora, CO, San Bernardino, CA, Parkland, FL, and Poway, CA. — in the past decade.”
In order for that logic to be consistent, Budweiser and the Ford motor corporation should be held financially-liable when drunk 20 year-olds driving Mustang GTs crash into a car and maim or kill someone inside. Yet, they aren’t.
Change my mind…
The Protection of Lawful Commerce in Arms Act (PLCAA) is a U.S law, passed in 2005, that protects firearms manufacturers and dealers from being held liable when crimes have been committed with their products. Further protection under the Preemption Clause, (U.S. Constitution. art. VI., § 2). The Supreme Court also ruled that preemption doctrine comes from the supremacy clause. It states that federal law preempts state law when the laws conflict. Federal law also preempts state or local law if Congress intends to regulate an area and exclude the states. The purpose of the Protection of lawful Commence in Arms Act was passed in response to cities and individuals challenging the dangerous business practices of firearms manufacturers and retailers.
Wouldn’t it be wild if Smith & Wesson and Bud’s could successfully counter sue them? Is that even possible?
I feel for their loss, but greed and/or vindictiveness aren’t virtues.
The lawyer and orgs that put them up to this should be held liable. They know there’s no case, but decided to bring financial ruin to a victim for political points and/or their own enrichment.
Unless the lawyers for S&W and Bud’s are idiots this is all the defense they need.
The Protection of Lawful Commerce in Arms Act (PLCAA) is a U.S law, passed in 2005, that protects firearms manufacturers and dealers from being held liable when crimes have been committed with their products. Further protection under the Preemption Clause, (U.S. Constitution. art. VI., § 2). The Supreme Court also ruled that preemption doctrine comes from the supremacy clause. It states that federal law preempts state law when the laws conflict. Federal law also preempts state or local law if Congress intends to regulate an area and exclude the states. The purpose of the Protection of lawful Commence in Arms Act was passed in response to cities and individuals challenging the dangerous business practices of firearms manufacturers and retailers.
Fuck the families. Stop deflecting blame. I wish nothing but more pain and suffering on them.
We need an addendum to the law that states loser pays including all lawyer and expert witness fees as well as putting plaintiff lawyers and expert witnesses on the hook for those expenses. If they have a real case, fine if not the folks bringing the suit are going to regret it.
As I recall, Lucky Gunner (online ammo retailer for those who don’t know … and you should check out Lucky Gunner Labs) was awarded court costs. The people who sued them declared bankruptcy, so LG got nothing.
In such cases, the lawyers who took the case knowing its likely failure should pay, but somehow that will never become law.
“The suit also involves Budgsunshop.com, LLC and Red Dot Arms, Inc. for selling the weapon to an individual prohibited from owning it.”
I don’t know what she’s talking about. My understanding is that the rifle was purchased legally. I think the Illinois State Police screwed up because the local cops had info that the shooter was unstable, but they all followed the usual procedures.
And the shooter’s dad went to jail for a month because he signed for his son to get a Firearm Owners ID card while he was under 18, and later his son did the mass shooting.