Soto et al. v. Bushmaster et al. Decision on motions to dismiss
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[full text of the decision]
The families of nine victims of the Sandy Hook Elementary School shooting have agreed to settle a lawsuit against the maker of the rifle used to kill 20 first graders and teachers in 2012 for an amount of $73 million.
"Remington argued a complaint filed by relatives of Sandy Hook victims did not show its marketing influenced the shooter who carried out the 2012 elementary school massacre."
The 2020 bankruptcy halted a lawsuit brought by the families of some of the Sandy Hook victims, which had been preserved in the first pass through chapter 11. Remington hasn't said what its drive to throw its assets on the bankruptcy auction block would mean for the Sandy Hook lawsuit.
Nine of Sandy Hook shooting victims' families are challenging Remington’s bankruptcy sale as they are concerned that a quick sale will leave no funding to allow for lawsuit claims to be liquidated and/or proceed against applicable coverage. They argue that Remington enjoyed substantial profits from the booming firearms market during the first six months of 2020, and is only seeking an accelerated sale in bankruptcy court to run from its lawsuits. Remington lawyers claim that the budget for Remington’s use of cash collateral is not sufficient to include other creditors.
On Tuesday, Aug. 18, 2020, a lawyer for some of the Sandy Hook school shooting victims’ families accused Remington Arms of using its new bankruptcy case to try to wipe out their lawsuit over how the company marketed the rifle used in the massacre.