Connecticut Senator Not Happy With Bernie Sanders’ View On Sandy Hook Lawsuit

[branford]

144. Considering I'm a lifelong New Yorker, politically active Democrat,

and a litigation attorney practicing in NY and NJ, your characterization of what is or is not always universally popular among Democrats here is quite debatable, and far more importantly, largely immaterial to the legal issues involved. Abortion and the individual right to keep and bear arms are both constitutional rights, and except for the legal and regulatory margins, are not subject to the democratic process absent constitutional amendments. This is a circumstance that thankfully almost always favors progressive forces and causes.

The Sandy Hook-type lawsuits, many with facts far better than the case at issue, were legal failures well before the PLCAA was ever conceived. The federal statue was only proposed and garnered sufficient legislative support because such lawsuits were so abusive.

Comparable product liability matters like attempting to sue car manufacturers for drunk drivers or when cars are used in a crime are considered so ridiculous that it's just never done. Such common and practical sense is lacking in the gun control debate because gun control proponents cannot successfully advance their wishes in Congress or most state legislatures and are desperate. This doesn't change the nature of product liability jurisprudence The PLCAA simply ensures that fewer legal fees will be expended and that innocent companies aren't harassed with meritless claims. Notably, some states with PLCAA analogs such as Colorado go even further than the federal statute and permit the recovery of legal fees by the defendant.