From SJ
Mike,
Since you like to trumpet these lawsuits whenever they're filed, most
recently the one filed by families from Newtown, have you seen the
outcome of the Aurora lawsuit?
Firearms Policy
Article
asks a good question: Wonder if Brady Center will pay the legal fees or
leave the plaintiffs to pay the frivolous lawsuit penalties for the
suit they encouraged them to file.
In an order released yesterday, Senior U.S. District Judge Richard P. Matsch ruled against the plaintiffs in the case of Sandy Phillips, et al., v. Lucky Gunner, LLC., et al.
Sandy and Lonnie Phillips are the parents of Jessica Ghawi, one of
the victims of the Aurora movie theater shooting. The lawsuit was backed by the anti-gun Brady Center.
According to a September 2014 report
by ABC 7 News in Denver, the lawsuit accused “the four online suppliers
of ammunition and military-grade equipment of failing to screen the
gunman and making it too easy for him to buy ammunition, tear gas and
body armor.”
“We’re putting them on notice, we’re coming after you,” Lonnie Phillips was reported as saying.
Apparently, the law had something else to say about that.
The case was dismissed for failure to overcome the industry protections in the federal Protection of Lawful Commerce in Arms Act (15 U.S.C. § 7901 et seq.),
also known as PLCAA, signed into law by President George W. Bush in
2005. The plaintiffs’ arguments were also found to collapse under a
similar state law that protects the firearms community from frivolous
and harassing tort claims.
