This is an elaboration of a comment I posted on Paul Barrett’s article about the inevitable failure of the lawsuit against Bushmaster in regards to the Sandy Hook tragedy. Barrett went to law school and has more than casual acquaintance with firearm law. I share his certainty it will fail.
I would have expected most reputable lawyers would have redirected the parents of children murdered at Sandy Hook to counseling rather than to pursue a hopeless lawsuit against the manufacture of a gun. I can understand the pain and even a need to “do something” but a lawyer who did any research at all, let alone gave it a few minutes of thought, should have concluded such a lawsuit is doomed to failure and deepening anguish for the parents.
I initially hypothesized the lawyer involved was someone desperate for money and at least momentary fame. But it is a law firm with a history that goes back 75+ years (via an article on CNN Money).
It’s possible they are short on money and with nine parents backing the lawsuit they may be able to bill (bilk?) them for perhaps a much as a million dollars. But will losing such a high profile case be to their benefit in the fame department? It’s been said many times that there is no such thing as bad publicity but that is usually in a much different context. When winning is what matters to your customers you don’t want to be well-known as a loser.
Lawyer David Hardy says, “I really can’t see it as filed in good faith.”
So I’m perplexed by this. Are the lawyers in this firm so ignorant of gun law (Lawful Commerce in Firearms Act), proximate causation precedent, and blinded by emotions that they think they have a chance “because GUN!!!”?