On February 15, 2022, the families of five children and four adults killed in the 2012 Sandy Hook Elementary School shooting announced a $73 million settlement with gun manufacturer Remington and its insurers. The settlement was reached more than seven years after the families sued the gun manufacturer for reckless marketing under Connecticut law.
Munger, Tolles & Olson became involved in the case following a landmark decision by the Connecticut Supreme Court in 2019. The court held that the families’ wrongful death suit could go forward against Remington and rejected its argument that the Protection of Lawful Commerce in Arms Act (“PLCAA”), which was designed to preempt lawsuits against the firearms industry, preempted the families’ claims.
Remington subsequently filed a petition for certiorari in the U.S. Supreme Court on the preemption issue. Following an introduction by the Giffords Law Center to Prevent Gun Violence, the law firm representing the families, Koskoff, Koskoff & Bieder, asked Munger Tolles to join the case and devise a strategy to prevent Supreme Court review of Remington’s argument that congressionally enacted provisions for gun manufacturers barred the suit. On October 4, 2019, Munger Tolles filed its opposition brief. The Supreme Court denied certiorari without comment on November 12, 2019.
This pivotal decision enabled the families to proceed with their case against Remington, which was critical to achieving the historic settlement announced by the Koskoff team.
The Munger Tolles team included Don Verrilli, Elaine Goldenberg, David Fry, Ben Horwich, Justin P. Raphael, Rachel Miller-Ziegler, and Tess Reed Dippo. David Fry has long been a leader of the Giffords Law Center to Prevent Gun Violence.
This representation was part of Munger Tolles’ commitment to pro bono work and acting for those who lack the resources to secure the justice they deserve.
The docket for the United States Supreme Court Case can be found at Remington Arms Co., LLC v. Soto, No. 19-168.
The Koskoff team Press Release
The Giffords Law Center to Prevent Gun Violence