But, on Monday, as the Senate vanished into the bog of gun politics, the most serious legal challenge to American gun violence was unfolding not in Washington but in a state court in Bridgeport, Connecticut. Parents of Sandy Hook victims, and one survivor, have brought a novel lawsuit against Remington Arms, which manufactured the AR-15-style Bushmaster rifle used in the attack, that could pry open the inner workings of the gun company, much as lawsuits against tobacco companies exposed their knowledge of the risks of cancer and their efforts to market to children. Unlike the plaintiffs in previous lawsuits against gun companies, the parents are not seeking to prove that the gun had an unsafe design or was distributed in ways that lead to illegal black-market sales; they accuse Remington of “unfair trade practices” for placing advertisements that marketed it to civilians as “the ultimate combat weapons system.” In effect, they are accusing Remington of lying to customers. [...]
One of the biggest things at stake is discovery: If the case goes forward, will plaintiffs, and the press, be allowed to see internal documents about how Remington marketed its weapons using the Internet and video games? Bellis has ordered discovery to begin, but Remington lawyers have said that they will seek to bar files from public view. Bellis has until mid-October to decide what will happen to the case.
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