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Sandy Hook case against Remington (Bushmaster) Dismissed


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#31 MrTriple

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Posted 14 November 2016 - 08:30 AM

Are not attorneys rated by their superiors by case success?  If an attorney (or attorneys) take on too many cases that didn't generate any revenue like this one, and added huge costs to the firm, I'd think they'd get fired.
 
It is for this reason I doubt that this case was taken strictly on contingency  - unless they put not many hours into the case.   I suspect someone showed up with a briefcase full of money, or maybe one of the lawyers wants to run as a leftist politician and wanted to put this in their campaign ad, or was a crony of a leftist politician.   Maybe one of the partners is a leftist politician and will be saying that he sued the gun manufacturers (shhh, don't mention the loss).
 
There must be some benefit to the firm. 
 
I hope the law firm is sanctioned for costs.


They can also be disbarred, I believe. Some famous patent trolls and their ilk have lost their licenses after filing one too may frivolous lawsuits.
"The point of [so-called "assault weapon" bans]...is not to ban firearms that are dangerous, it's to ban firearms that gun owners want to own because the people making the laws don't like gun owners. If we want to buy non-semiauto AR-style rifles, they'll ban those too, and for the same reason."

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#32 out in the tall grass

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Posted 15 November 2016 - 08:37 PM

http://www.cnn.com/2...ourt/index.html

The obligatory appeal has been filed to the state Supreme Court.

#33 Campfire

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Posted 03 January 2017 - 12:33 AM

Looks like the CT Supreme Court has agreed to hear the appeal. http://www.newsweek....s-appeal-527279

#34 Robert9999

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Posted 03 January 2017 - 11:24 AM

This link, sends me too a site, to down load an app.

#35 chislinger

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Posted 03 January 2017 - 02:18 PM

This link, sends me too a site, to down load an app.

Works fine for me. You must be on a mobile device?
"I'm not worried about following the U.S. Constitution." - Washington County, Alabama Judge Nick Williams

#36 Robert9999

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Posted 03 January 2017 - 02:48 PM

Working now, went to Newsweek no problem.

#37 BobPistol

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Posted 04 January 2017 - 06:43 AM


They can also be disbarred, I believe. Some famous patent trolls and their ilk have lost their licenses after filing one too may frivolous lawsuits.

 

 

Yes, they can.  But if they're fired, their career in law is pretty much over.

 

With the huge surplus of lawyers, there are two groups of lawyers:  BigLaw and Craplaw (I can't use the s-word here).

 

BigLaw is what you see on TV.  Perry Mason.  Courtrooms.  Three digit hourly billings.   Lawyers making big money.   This is a minority of lawyers in general. 

 

Craplaw is low paid.  Coding.   You sit at a computer pressing Y or N if a document is relevant to a case, for $20/hour. 

Worker's comp.  Social Security Disability.   Car accident cases where people only have min coverage.    Lawyers earn very little here.   $30k-$50k a year. 

 

If a lawyer gets fired, and the reason was "well I filed a frivolous case and cost my law firm a ton of money" they'll never see BigLaw again. 

 

They don't have to be disbarred to suffer.   If they were disbarred, maybe it would even be a blessing.


Edited by BobPistol, 04 January 2017 - 06:44 AM.

The Second Amendment of the Constitution protects the rest.

#38 Raw Power

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Posted 04 January 2017 - 09:35 AM

Looks like the CT Supreme Court has agreed to hear the appeal. http://www.newsweek....s-appeal-527279

 


In its decision to hear the case, the court accepted the families’ argument that the meaning of certain language in the state law must be determined by the high court.

 

I hope this completely backfires on them, and they help to enshrine gun rights in CT for years to come.



#39 mbrich

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Posted 19 January 2017 - 11:02 AM

Sorry, I know we keep resurrecting old threads but...

 

That first link that had the video....so funny.  Thanks, I rewatched it today and it still makes me laugh. 

I just love how the media and the anti's in general make connections.

 

Remington owns Bushmaster - A Bushmaster was used by a criminal - lets talk fire power....Jeff Cooper was unhappy with .223 Remington performance for larger game and someone developed .45 Professional cartridge which was modified by Hornady because they wanted to use their .452 bullet and Bushmaster wanted them to produce the round for the AR platform - cartridge renamed to .450 Bushmaster. 

 

Remington manufactures a rifle called the R-15 which is chambered for .450 Bushmaster - Since "R-15" and "Bushmaster" are in the name...Adam Lanza used an A"R-15" "Bushmaster"

 

This must be the same weapon that Adam Lanza used...look at how adept it is at taking all that North American Big Game. 


Edited by mbrich, 19 January 2017 - 11:05 AM.


#40 skinnyb82

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Posted 19 January 2017 - 06:14 PM

Are not attorneys rated by their superiors by case success?  If an attorney (or attorneys) take on too many cases that didn't generate any revenue like this one, and added huge costs to the firm, I'd think they'd get fired.
 
It is for this reason I doubt that this case was taken strictly on contingency  - unless they put not many hours into the case.   I suspect someone showed up with a briefcase full of money, or maybe one of the lawyers wants to run as a leftist politician and wanted to put this in their campaign ad, or was a crony of a leftist politician.   Maybe one of the partners is a leftist politician and will be saying that he sued the gun manufacturers (shhh, don't mention the loss).
 
There must be some benefit to the firm. 
 
I hope the law firm is sanctioned for costs.

They can also be disbarred, I believe. Some famous patent trolls and their ilk have lost their licenses after filing one too may frivolous lawsuits.

Attorneys have been disbarred for filing merit less lawsuits. And as to the intellectual property trolls, Google "John Steele indictment" (Chicago copyright troll just indicted by a federal grand jury in Minnesota for wire fraud, among many other crimes). I digress.

With regard to filing frivolous actions, attorneys need to look to ABA Model Rule 3.1 (which was adopted by the Illinois Supreme Court, among other state Supreme Courts, this is the Illinois verbiage):

"RULE 3.1: MERITORIOUS CLAIMS AND CONTENTIONS

      A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good-faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established."

In other words, do not knowingly bring a frivolous action. Perform due diligence. "We didn't know that our action is legally barred" doesn't pass muster, especially when a large group of non-attorneys do know that the action is legally barred. There cannot be any good faith belief that a PLCAA barred suit...isn't legally barred, since they have been told by multiple judges in multiple jurisdictions that these actions are expressly barred by statute.

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Edited by skinnyb82, 19 January 2017 - 06:15 PM.

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