Gunmaker Remington’s bankruptcy delays Sandy Hook families’ lawsuit
Kristin Hussey and Rick Rojas
The lawsuit brought by family members of those killed in the massacre at Sandy Hook Elementary School has been watched closely over years of winding its way through the court system. But a new hurdle stands in the way of a muchawaited ruling.
Remington, one of the nation’s oldest gunmakers and a defendant in the lawsuit, recently filed for bankruptcy as its sales have declined and debts have mounted. The company manufactured the AR-15- style weapon used by the gunman in the 2012 attack in Newtown, Conn., in which 26 people, including 20 first-graders, were killed.
The case is now before the Connecticut Supreme Court, where families brought an appeal with the aim of bring- ing the case to a jury trial. Remington’s bankruptcy does not guard the company from potential liability, but it has stalled the court from issuing a ruling on the lawsuit until the company emerges from the process. The court has been weighing the case after hearing oral arguments last year.
The families’ lawyers con- tend that the bankruptcy will ultimately have little influence on the case’s viability. “The bankruptcy proceeding doesn’t affect our claim,” said Katie Mesner-Hage, one of the lawyers representing the plaintiffs, nine families who had a relative killed and a teacher who was shot and survived. “The only thing the process does is delay it to some degree.”
The lawsuit has high stakes for both gun com- panies and gun-control advocates since it is test- ing a novel strategy to find a route around the broad pro- tections granted by federal Remington, which has law that shield the compaabout $950 million in debt, nies from litigation if their began hinting this year that product is used to commit a it was likely to file for bankcrime. Supporters contend ruptcy. Before the 2016 presthat the case, if it makes it to idential election, the gun trial, could offer a glimpse industry had maintained a into how the gun industry robust manufacturing operoperates and possibly proation. But gun sales have vide a road map for the surplummeted since Presivivors and relatives of vic- dent Donald Trump won tims in other mass shoot- the election; many attriings who have otherwise bute the decrease to gun been hamstrung in pursubuyers believing that the ing legal action. Trump administration and a
The case, amid recurring Republican-controlled Conepisodes of deadly mass vio- gress would be less inclined lence, has drawn an intense to pursue tougher gun-conresponse. When the lawsuit trol measures. reached the Connecticut Susheel Kirpalani, a bankSupreme Court, gun con- ruptcy lawyer who has been trol advocates, school offi- consulting the Sandy Hook cials and emergency docfamilies’ legal team, said that tors who treated victims of he and others have been assault rifle fire submitted scouring Remington’s voluamicus briefs in favor of the minous filings and disclosure lawsuit. Gun-rights organizadocuments, looking for anytions also weighed in, includ- thing in the complex finaning the National Rifle Asso- cial transactions that might ciation, which argued that affect the Sandy Hook lawsuit. the case stood to “eviscerThe company’s filings indiate” the gun companies’ legal cate that creditors, includprotections. ing the Sandy Hook plain
Remington will remain in tiffs, would be “unimpaired” business as it reorganizes by the Chapter 11 process, and unloads hundreds of which means that the lawsuit millions of dollars in debt, can resume after the reorgaaccording to court records. nized Remington emerges The process could be expe- from bankruptcy. dited because the company Even so, beyond the bankis using a so-called prepack- ruptcy, the Sandy Hook lawaged bankruptcy, which suit has faced long odds of could be completed as early success. Congress granted as May. Remington’s lawyers gun companies industrydid not respond to messages wide immunity from blame seeking comment. when one of their products is
The military-style rifle used in a crime. But the law, used in the attack was made enacted in 2005, includes by Bushmaster, which was exceptions for sale and marbought by a New York priketing practices that violate vate-equity fund in 2006. state or federal laws and The $48 billion fund, Cer- instances of so-called negliberus Capital Management, gent entrustment, in which eventually folded Bushmas- a gun is carelessly given or ter into Remington along with sold to a person posing a other gun companies. Remhigh risk of misusing it. ington is also the target of The lawsuit argues that another high-profile case, a Remington erred by entrustfederal class-action lawsuit ing an untrained civilian that claims that trigger defects public with a weapon have caused some of its shot- designed for maximizing guns to accidentally discharge. fatalities on the battlefield.