Newtown lawsuit dismissed

[Aguila Blanca]

The difference is that Badger Guns knowingly broke laws by intentionally selling guns to disqualified persons. Koskoff is trying to claim that Remington's very marketing of "military" weapons is the same sort of misconduct.

It will be a stretch to make Remington parallel to Badger Guns. IIRC< Badger was a dealer. The FFL dealer who sold the Sandy Hook "assault weapon" was put out of business by the BATFE, but due to unrelated discrepancies in their record keeping that were uncovered by the sandy Hook investigation. The rifle was sold, legally, to the shooter's mother, who was NOT a prohibited person and who passed all required background check requirements.

I hope any appeal judge or judges are smart (and honest) enough to recognize and understand that the AR-15 is NOT a "military" weapon, and that no amount of rhetoric can make up for the lack of the selector switch.

 

[Aguila Blanca]

Edit - I also see that Judge Bellis is a state court judge. Is she elected? Dismissing a suit brought by victim families is one thing, but sanctioning them may be a bridge too far for someone looking to be re-elected.

I believe Superior Court judges in Connecticut are appointed by the Governor. I don't know if they are lifetime appointments, or for a fixed term.

 

[zukiphile]

I believe Superior Court judges in Connecticut are appointed by the Governor. I don't know if they are lifetime appointments, or for a fixed term.

Thanks for that. In Ohio, we have trial courts (courts of Common Pleas), appellate courts (courts of appeal) and the Supreme Court, and they are all elected.

Some ideas, like the idea that a frivolous lawsuit may draw sanctions, are fairly general ideas in American law and you will find that the idea crosses borders readily. A lot of things are less predictable.

I remember finding an out-of-state case that I thought was a big deal because it was in that state's Supreme Court, or maybe it was a Superior Court as you noted above. It turned out that in that state, that was just a name for the trial court.

I had to have a lien recorded in Pennsylvania, and I found it surprising how different the process was. I wanted to foreclose on a property in Arizona, and came to learn that the form of a mortgage and the foreclosure process for very little resemblance to the process I had learned here (in Arizona, the bank actually owns the property in trust and the beneficial owner has no deed -- or at least that's how the process was explained to me).

So, when an attorney on this board expresses modesty about his commentary on the law of another state, he is not being stingy with his expertise. He has just seen too many of these differences to think that other states work the way his state works.

 

[Aguila Blanca]

I remember finding an out-of-state case that I thought was a big deal because it was in that state's Supreme Court, or maybe it was a Superior Court as you noted above. It turned out that in that state, that was just a name for the trial court.

I'm not a lawyer, but I used to know someone whose daughter and son-in-law were both judges in Connecticut. I'm pretty certain that the "Superior" court in Connecticut is the trial court level, and the only appellate level is the [Connecticut] Supreme Court. [Disregarding the probate court system, which is a different animal. And probate judges in Connecticut are elected.]

I had to have a lien recorded in Pennsylvania, and I found it surprising how different the process was. I wanted to foreclose on a property in Arizona, and came to learn that the form of a mortgage and the foreclosure process for very little resemblance to the process I had learned here (in Arizona, the bank actually owns the property in trust and the beneficial owner has no deed -- or at least that's how the process was explained to me).

And then there's Louisiana, where (I've always been given to understand) state law is based primarily on French law rather than English law.