Tuesday, March 31, 2015

Brady Center Loses Lawsuit Targeting Online Ammo Sellers

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.

1 comment:

  1. Unsurprisingly, the defendants are filing claims for compensation of court costs and legal fees it incurred in defending themselves.

    "A federal judge ordered the parents of a Aurora, Colorado, theater shooting victim to pay court costs and attorney fees as a result of a lawsuit filed last year, and the defendants in the case say the family owes around a quarter of a million dollars."

    "BulkAmmo.com, more commonly known as Lucky Gunner, requested $151,574.70 in attorney and travel fees. And Sportsman Guide requested $73,037.87 on similar expenses.
    Brian Platt, owner of BTP Arms, an online retailer that sold the gunman tear gas, has also requested $23,714.99 for attorney fees and $33,569.89 in relief.
    The other defendant named in the suit, Gold Strike E Commerce LLC, an online retailer that sells body armor, has yet to file a motion.
    The lawsuit was part a larger effort by the Brady Campaign to Prevent Gun Violence to expose unscrupulous gun dealers that ignore obvious warning signs and sell to customers with malicious intentions."

    "The Brady Campaign declined Guns.com’s request for comment about paying court costs and the dismissal."


    No mention of it on their website either. Wonder if they're going to help foot the bill.