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happyslug

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55. This was a motion for summary judgement

Mon Aug 18, 2014, 08:22 PM

Aug 2014

In a motion for summary judgement, the judge MUST assume everything in the plaintiff's case are true. Such motions are used where a party states facts, even if true, they still lose.

The Movie Theater tried to get the Judge to rule, that the Movie Theater did all it could to prevent this tragedy and thus the case should be dismissed. The Judge ruled that, given the facts alleged by the Plaintiffs, it is possible that the Movie Theater did NOT do all that it could AND foreseeable to prevent this tragedy and thus the Movie Theater may be liable.

Notice the Judge did NOT rule that the Movie Theater was liable, but that it MAY be liable. It is still up to a jury to determine that fact.

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Federal judge rules Aurora theater shooting was foreseeable [View all] alp227 Aug 2014 OP

Okay, so the theater owners, who are victims of the shooter as surely as their patrons, mbperrin Aug 2014 #1

They should do what stadiums do at entry bjobotts Aug 2014 #23

After 9-11 catrose Aug 2014 #31

Probably ruled forseeable because Holmes went out the emergency exit JimDandy Aug 2014 #32

How do you secure an emergency exit? pnwmom Aug 2014 #43

Alarms. Schools, hospitals and other places required to JimDandy Aug 2014 #44

Yep Bigredhunk Aug 2014 #48

Same here. I really love my JimDandy Aug 2014 #53

Most "emergency exits" are in fact considered exits from the theater ProudToBeBlueInRhody Aug 2014 #49

I wonder how many are ripe for another mass shooting JimDandy Aug 2014 #52

Which is fine until the next shooting takes place Blue_Tires Aug 2014 #45

So have an airport style entrance at every movie theatre warrant46 Aug 2014 #46

Does the NRA realize what this means? Big Business will now become Pro Gun Control. McCamy Taylor Aug 2014 #2

I doubt that. I see ramped up security everywhere. Demit Aug 2014 #6

Yes, the gun lobby will profit from this. Along with the OC groups. Bad ruling. freshwest Aug 2014 #15

I don't think so . . . . markpkessinger Aug 2014 #22

That may be his reasoning. JoeyT Aug 2014 #37

Just the opposite I predict. No business will want to post the "no guns allowed" sign that prevent 24601 Aug 2014 #42

I'm not sure I like this. Is every venue now expected to be prepared for a mass-shooting? arcane1 Aug 2014 #3

I don't think I like it either. gvstn Aug 2014 #4

Security taking tickets would have stopped him bjobotts Aug 2014 #24

Tax Deductible Yes warrant46 Aug 2014 #47

I'm with you. The Judges conclusion is quite a reach. Hyper_Eye Aug 2014 #5

Agreed this isnt the way to tackle the problem at all. cstanleytech Aug 2014 #7

Welcome to the New Normal. Paladin Aug 2014 #9

Hello $35 movie tickets! . . . Journeyman Aug 2014 #10

Hello wait for the DVD exboyfil Aug 2014 #27

That judge's decision is bullshit. If every venue has to defend itself against Nay Aug 2014 #16

Foreseeability is a big issue in civil (tort) cases. Manifestor_of_Light Aug 2014 #8

so if the owners should forsee it, shouldn't the customers forsee it too? Skittles Aug 2014 #11

This is ridiculous NickB79 Aug 2014 #12

Movie theaters will become like airports. tinrobot Aug 2014 #13

can't mass shootings happen pretty much anywhere? booley Aug 2014 #14

I expect the ruling will be appealed and overturned Lurks Often Aug 2014 #17

^^This.^^ NT pablo_marmol Aug 2014 #36

This is a rediculous ruling. blackspade Aug 2014 #18

This is very troubling . . . . markpkessinger Aug 2014 #19

Ridiculous ripcord Aug 2014 #20

And he shot the glass out of the door exboyfil Aug 2014 #28

I would think the victim's families probably are suing the school district davidpdx Aug 2014 #34

And people wonder why the police look like armies now ProudToBeBlueInRhody Aug 2014 #51

time to require insurance on guns nt msongs Aug 2014 #21

The NRA would thank you for that NickB79 Aug 2014 #26

Whatever happened to laying blame where blame is due? Jake Stern Aug 2014 #25

Agreed davidpdx Aug 2014 #33

This was a motion for summary judgement happyslug Aug 2014 #55

This Is Nuts RobinA Aug 2014 #29

I think this says more about U.S. District Court Judge R. Brooke Jackson than anything else. YOHABLO Aug 2014 #30

A ridiculous ruling Tom Ripley Aug 2014 #35

TSA for movie theatres in 3 - 2 - 1 ... blkmusclmachine Aug 2014 #38

... And stores and restaurants and the post office... Arrowood Aug 2014 #39

This ruling didn't find the movie theater liable. Hosnon Aug 2014 #40

Shouldn't we be working on prevention? justice1 Aug 2014 #41

I have a problem with this ProudToBeBlueInRhody Aug 2014 #50

This is a MOTION for Summary Judgement, all facts claimed by the Movie Theater are presumed TRUE happyslug Aug 2014 #54