This is old news by now, but I wanted to report on it anyway because it’s big news: the lawsuit against Remington has been dismissed under the PLCAA. I was perhaps too quick to pass judgement on Judge Barbara Bellis when this story originally came to light. I corrected later that day after reading the opinion more thoroughly. Now it appears that Judge Bellis has done the right thing under the law:
Although PLCAA provides a narrow exception under which plaintiffs may maintain an action for negligent entrustment of a firearm, the allegations in the present case do not fit within the common-law tort of negligent entrustment under well-established Connecticut law. A plaintiff under CUTPA must allege some kind of consumer, competitor or other commercial relationship with a defendant, and the plaintiffs here have alleged no such relationship.
Remember that their theory was that selling AR-15s to civilians at all constituted negligent entrustment. If this novel theory of that concept had been allowed to proceed, it would have rendered the PLCAA effectively meaningless. It’s a good thing for us the Judge in this case wasn’t buying it.