HARTFORD, CT — Reviving a lawsuit by the families of Sandy Hook victims, the Connecticut Supreme Court ruled 4-3 Thursday that federal law does not pre-empt claims over the marketing of the Bushmaster assault rifle used in the 2012 elementary school massacre.
Though the court refused to strike arguments regarding the marketing and advertising of the XM15-E2S weapon, other claims against the manufacturer of the gun that killed 20 first graders and six educators in 264 seconds cannot go forward.
“The regulation of advertising that threatens the public’s health, safety, and morals has long been considered a core exercise of the states’ police powers,” Justice Richard Palmer wrote for the majority. “Accordingly, on the basis of that limited theory, we conclude that the plaintiffs have pleaded allegations sufficient to survive a motion to strike and are entitled to have the opportunity to prove their wrongful marketing allegations.”
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