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Thread: Badger Guns plaintiffs settle for $1 Million

  1. #1
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    Badger Guns plaintiffs settle for $1 Million

    http://www.jsonline.com/watchdog/wat...361609031.html

    The MJS spins it as a win for the plaintiffs. The cops get $290K and the city and lawyers get the balance. The money comes from insurance.
    Last edited by Nightmare; 12-11-2015 at 05:58 PM.
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    Regular Member DeSchaine's Avatar
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    Oh good. So if I'm ever hit by a car, I can sue the dealership.
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    Quote Originally Posted by Nightmare View Post
    The MJS spins it as a win for the plaintiffs. The cops get $290K and the city and lawyers get the balance. The money comes from insurance.
    Well it certainly isn't a win for the defendants. With the Jury awarding $6M it was either time to settle, or to injure the expense and risk of an appeal.

    It isn't clear to me what, if any legally binding precedence the case sets relative to seller liability should a buyer end up using a gun in a criminal act. But I'm pretty sure it didn't do anything to make it more difficult to hold a seller liable.

    I believe any adult citizen freely walking the streets ought to able to legally buy a gun without any government intrusion, background checks, or paperwork. I think to extend liability for criminal conduct from the person holding the gun back to the person or business who sold the gun ought to require proving the seller was either aware of criminal intent, or grossly negligent in ignoring what a reasonable man would see as clear signs of criminal intent.

    But since I'm not on the SCOTUS, it is clear from this case and the Trolley Square case out of SLC, that FFLs (and probably private sellers as well) had better avoid ever making an illegal sale.

    Charles
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    A negotiated settlement sets no precedence. Precedence is set only on appeal to a court of competent jurisdiction.
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  5. #5
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    Quote Originally Posted by Nightmare View Post
    A negotiated settlement sets no precedence. Precedence is set only on appeal to a court of competent jurisdiction.
    That is certainly better than the alternative of a bad precedence being set.

    It isn't nearly as good as getting a good precedence set of a very, very high bar to clear in order to transfer liability from criminal to seller.

    Do you know, were there every any criminal charges against the seller, or ATF action against his FFL?

    Thanks

    Charles
    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

    "With Anarchy as an aim and as a means, Communism becomes possible."
    --Marxist.org

    "Communism and Anarchy [are], a necessary complement to one another. "
    --PETER KROPOTKIN, "Anarchism: its philosophy and ideal." 1898.

  6. #6
    Regular Member HPmatt's Avatar
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    $1musd is probably cheap compared to future legal bills. Glad the cops got 1/3, suppose 2/3 to city was for legal and to offset disability costs.

    When I was involved in corporate litigation we were paying various attys $200k per month during hot & heavy. Of curse (sp) they loved it and were 'shocked' when it settled before got to trial.


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