Gun Control & RKBA

friendly_iconoclast

(15,333 posts)

6. Their case is meritless, PLCAA or no PLCAA

Mon Feb 22, 2016, 02:21 PM

Feb 2016

Do child pornography victims have torts against Western Digital and Seagate, or
the pornographers' ISP?

Does the family of the victim in the following story have a tort against Toyota?

http://www.wbrc.com/story/31227002/authorities-say-driver-intentionally-hit-killed-jogger

Authorities say driver intentionally hit, killed jogger

WALNUT, Calif. (AP) - A driver has been arrested after authorities say he deliberately ran down and killed a jogger in a Los Angeles suburb.

The Los Angeles County Sheriff's Department says 36-year-old Haissan Massalkhy of West Covina was booked Monday on suspicion of murder.

He was jailed on $1 million bail. It's unclear whether he has a lawyer.

Authorities say shortly before 6 a.m., Massalkhy's Toyota Camry struck 59-year-old Chi Shao of Walnut, who was jogging in a Walnut bike lane...

...Sheriff's Lt. David Buckner says it appears the driver intentionally struck the jogger although they didn't know each other.

Special pleading strikes again (no pun intended)

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Sandy Hook Parents Suing Firearms Manufacturer [View all] TeddyR Feb 2016 OP

Any suit which would be thrown out based on the PLCAA is a very weak suit. JonLeibowitz Feb 2016 #1

It makes me so sad there is no recourse. This is not the way to go. onecaliberal Feb 2016 #2

I agree, this isn't the way to go. Better to secure public bldgs.... Eleanors38 Feb 2016 #15

Some slimy lawyer has sold these poor parents a very large bill of goods tularetom Feb 2016 #3

If/when they lose they will also be liable for the court costs and legal fees of the gun makers DonP Feb 2016 #4

Their case is meritless, PLCAA or no PLCAA friendly_iconoclast Feb 2016 #6

Yup, like suing General Motors for facilitating the murders ... DonP Feb 2016 #7

By the logic of the suit sarisataka Feb 2016 #14

Good to see... scscholar Feb 2016 #5

Nothing has actually been accomplished by this, and probably won't be friendly_iconoclast Feb 2016 #9

The only thing being done is that some ambulance chasing shyster lawyer GGJohn Feb 2016 #16

Don't be surprised if the CT state judge refuses to dismiss the case. branford Feb 2016 #17

There is only one salient difference between the Sandy Hook gun and the flamin lib Feb 2016 #8

Just like the M1 rifles that you are authorized to have shipped directly to your house: friendly_iconoclast Feb 2016 #12

You don't feel the removable magazine feature of an M-14/M-16 jmg257 Feb 2016 #22

M1 Carbine, also shipped to your door from the CMP uses 20+ round magazines DonP Feb 2016 #24

Lots of mass shootings with M1 Carbines these days? Or M-1s , or '03s for that matter? jmg257 Feb 2016 #25

Not that many with the AR15 either DonP Feb 2016 #26

If you were going to arm yourself to be part of a well-regulated militia, jmg257 Feb 2016 #27

"Militia membership" is irrelevant to gun ownership DonP Feb 2016 #28

Well that hardly answered the question, which had little to do with the jmg257 Feb 2016 #29

5.56, 9mm and .45 ACP - common calibers DonP Feb 2016 #30

Yes - you certainly would want some commonality. Top of my list would also be effectiveness, jmg257 Feb 2016 #31

All rifles combined accounted for 248 reported murders in 2014, out of ~12,000. benEzra Feb 2016 #65

It was a close guess, I must have been thinking about 2008 or so DonP Feb 2016 #68

No, the 8 round enbloc clip can be changed just as fast Lurks Often Feb 2016 #33

I guess I don't practice enough - I admit there is no way I can jmg257 Feb 2016 #34

It's all in the reload, I've gotten 25-30 rounds out of a 5 shot pump shotgun Lurks Often Feb 2016 #48

Sweet! Very good! I saw video of some guy doing reloads with a Beretta 1301 (SA), jmg257 Feb 2016 #49

That one alleged difference could prove dispositive. branford Feb 2016 #18

I disagree TeddyR Feb 2016 #21

Don't mistake my quick comment as either in-depth analysist branford Feb 2016 #32

Understood TeddyR Feb 2016 #38

When available, the choice of federal or state court involves many factors. branford Feb 2016 #39

The federal judiciary may in fact be anti-gun rights TeddyR Feb 2016 #42

The federal judiciary is usually far more resistant to case politics branford Feb 2016 #43

Perhaps TeddyR Feb 2016 #47

I don't litigate in CT, and am unsure. branford Feb 2016 #50

Regarding the Sandy Hook gun discntnt_irny_srcsm Feb 2016 #35

No tactical advantage to having a weapon with a large capacity removable magazine? jmg257 Feb 2016 #36

IMHO not a substantial tactical advantage discntnt_irny_srcsm Feb 2016 #40

I agree somewhat when facing unarmed 1st graders there is no large advantage jmg257 Feb 2016 #44

Not that it's any consolation but Lanza was dropping half-spent magazines. Nuclear Unicorn Feb 2016 #53

Noted. Wonder if he was expecting to deal with LE 'at any moment'. jmg257 Feb 2016 #56

"Meaning his magazines were still half-full." discntnt_irny_srcsm Feb 2016 #59

I heard once that a mathematician and an engineer were placed in a room with Nuclear Unicorn Feb 2016 #61

Engineers tend to be practical discntnt_irny_srcsm Feb 2016 #62

Lawsuit lottery leeches...anything for a buck. ileus Feb 2016 #10

There's no lottery to be won here. Only COLGATE4 Feb 2016 #11

The lawyer, not the parents and survivor. *They* seem sincere, if misguided friendly_iconoclast Feb 2016 #13

Prepare to lose and have the court costs billed to you. linuxman Feb 2016 #19

How come the government never gets sued for the guns they lose or sell; that get misused? JonathanRackham Feb 2016 #20

Here's the complaint, an interesting read, and the current status: jmg257 Feb 2016 #23

The complaint reads like a press release, and has little substantive value. branford Feb 2016 #37

Huh - I thought this indicated the plaintiff's argument - whose "side" I don't agree with, BTW. jmg257 Feb 2016 #41

Ah, I misunderstood you perspective. branford Feb 2016 #45

Ah - gotcha - thanks for the heads up on this complaint...that I did not know. jmg257 Feb 2016 #46

In fairness, a particular gun could still to found to have a design defect branford Feb 2016 #51

i hope they win the lawsuit MariaThinks Feb 2016 #52

Odds of them winning are probably about 1% Travis_0004 Feb 2016 #54

true- the odds of people getting slaughtered by guns is much higher MariaThinks Feb 2016 #58

Not true at all, GGJohn Feb 2016 #60

No. Travis_0004 Feb 2016 #63

And since we are talking about rifles, the actual number is less than 300/year. (n/t) benEzra Feb 2016 #66

False - the chance of being a victim sarisataka Feb 2016 #64

Pure, uncut mendacity. NT pablo_marmol Feb 2016 #69

In my mind it's awfully simple. Elmer S. E. Dump Feb 2016 #55

"It has to be understood................. pablo_marmol Feb 2016 #57

Whoever wrote that complaint was too ignorant to write a more effective one. benEzra Feb 2016 #67