2016 Postmortem
Related: About this forumAurora victim's stepfather blasts Sanders over gun views
Lonnie Phillips is filing for bankruptcy because he owes $203,000 to the company that sold his stepdaughters killer 4,000 rounds of ammunition over the Internet.
A federal judge threw out his lawsuit against Lucky Gunner, and now the Phillips family must pay its legal fees under Colorado law.
As the Democratic primary race turns to New York, where the gun issue looms large, Clinton will seize upon their story and those like it. The Phillips daughter, Jessica Ghawi, died in the 2012 mass shooting at a movie theater shooting in Aurora, Colo.
Lucky Gunner was shielded from prosecution under a 2005 law that grants gun makers and sellers immunity from prosecution for crimes committed with their products. Sanders voted for the law, though hes recently wavered over whether he supports it.
We dont have that much money to pay them, and they can take our house, Phillips told USA TODAY. Right now were living in a trailer traveling and speaking around the country trying to get people to understand how egregious this law is.
I dont think he had any idea of the repercussions this law would cause, Phillips said of Sanders. I would like Bernie Sanders to at least apologize to us for the heartache this has caused.
http://www.usatoday.com/story/news/politics/elections/2016/04/07/bernie-sanders-guns-aurora/82721118/
GeorgiaPeanuts
(2,353 posts)What law firm gave them such terrible advice to try and sue
msanthrope
(37,549 posts)GeorgiaPeanuts
(2,353 posts)They can't be sued for legally selling their product to legal citizens.
msanthrope
(37,549 posts)frylock
(34,825 posts)But you knew that already.
msanthrope
(37,549 posts)frylock
(34,825 posts)msanthrope
(37,549 posts)was right in their lawsuit, and I think that Bernie's vote in the protective federal legislation that followed---the PLCAA, was wrong.
the NRA vs. the NAACP.
I know who'd I pick.
frylock
(34,825 posts)Suing companies for negligent use of their product is ridiculous.
msanthrope
(37,549 posts)frylock
(34,825 posts)msanthrope
(37,549 posts)Understand that PLCAA stopped the ability of communities to address gun violence. It stopped the NAACP suit dead.
You know....there's a price to be paid when you go against the NAACP in such a way. People have long memories. I mean, you can march with someone decades ago. But when you vote to cripple civil rights lawsuits, leaders of those organizations don't forget.
The more accurate title would have been "Bernie's Immunity Law Bankrupts Family of Shooting Victim".
Lizzie Poppet
(10,164 posts)This guy, who I'll assume had his judgement impaired by grief, was insufficiently selective in picking a law firm, followed its incompetent advice, got fucked over, and thus thinks Bernie owes him an apology? For backing a law intended to prevent the very sort of nuisance lawsuits he filed?
Bernie owes you nothing, Mr. Phillips.
RandySF
(58,856 posts)Because, you know, the Bern, man.
Lizzie Poppet
(10,164 posts)Bernie Sanders could not even exist and I'd still be criticizing stupid, monetize-your-grief lawsuits.
Just so you know...
These stupid "guns" and "blasts" headlines are vile and insensitive.
Prism
(5,815 posts)Why is no one putting their money where their mouth is?
This lawsuit was stupid, stupid, stupid, and plenty of people knew so beforehand, and yet people let this grief-stricken family press ahead because it suited their political agenda.
And now that the predictable end has come, this family is being left to twist.
Very compassionate.
People can raise $200,000 on kickstarter for hot sauce, but all these concerned citizens can't help this family pay off their self-inflicted debt?
Uh huh. Seems to me that people find these poor peoples' bankruptcy politically useful and are thus doing nothing to ameliorate it.
Jitter65
(3,089 posts)Prism
(5,815 posts)And all these "deeply concerned" people have done jack and shit for this family.
sadoldgirl
(3,431 posts)here in western Colorado,
but I know that she would not dare to do it.
CorkySt.Clair
(1,507 posts)Sanders supporters will savage him for speaking out against Saint Bernie.
jmg257
(11,996 posts)...
Attorneys at Arnold and Porter and the Brady Center to Prevent Gun Violence brought the lawsuit for us, pro bono. We knew the risks of bringing the case. We knew that Colorado and Congress have given special protection of the gun industry, and we knew that under Colorado law we could even be ordered to pay attorneys fees because of those special protections.
But we thought it was important to take a stand, to fight to prevent other families from suffering as we have. We did not seek any money in our case. We just wanted injunctive relief to have these companies act reasonably when they sold dangerous materiel, like 100-round ammunition magazines, ammunition, body armor, and tear gas.
...
The judge dismissed our case because, he said, these online sellers had special immunity from the general duty to use reasonable care under the federal Protection of Lawful Commerce in Arms Act and a Colorado immunity law. If you couple the PLCAA law with Colorados law HB 000-208, (which says in essence: If you bring a civil case against a gun or ammunition seller and the case is dismissed then the plaintiff must pay all the defendants costs)