close
close

How civil litigation affects the fight against gun violence

With the number of mass shootings on the rise, there is a growing strategy to use the legal system to hold companies and organizations accountable for their actions – or lack of them – in civil litigation.8 Investigates takes an in-depth look at how that strategy is evolving in the wake of the tragic mass shooting in Lewiston.Taking the Fight to CourtWith minimal action on gun laws in Washington, D.C., attorney Josh Koskoff is shifting the battlefield from Congress to the court. He believes the political landscape remains at a stalemate because of a divided country. But individual cases of misconduct offer another path to justice.“As far as I can tell, the political situation is at a stalemate, and it will remain that way as long as we have a divided country, but there is another path in individual cases of misconduct,” Koskoff said.Winning Against RemingtonKoskoff is familiar with that approach. He represented families after the Sandy Hook school shooting, suing Remington Arms, the company that made the AR-15-style rifle that killed 26 people, including 20 children. “How did this incredibly sophisticated and cruel military-style weapon end up on the floor of a first-grade classroom in Sandy Hook, Connecticut?” he asked. In a historic outcome, Koskoff secured a $73 million settlement – the first and only settlement against a gun manufacturer for a school shooting. “For eight long years, we have continued our fight to hold Remington accountable for its role in putting profits ahead of safety and using reckless marketing techniques to target at-risk and violent young men,” said Nicole Hockley, who lost her son Dylan in the Sandy Hook school shooting. Legal strategy in Lewiston Koskoff is now working with the legal team representing Lewiston families following the tragic Robert Card shooting that left 18 people dead last October. He plans to ask critical questions about the weapon used and how Card acquired it. “This known perpetrator that they feared was going to shoot was able to get this deadly weapon and as much ammunition as he wanted,” Koskoff said. He acknowledges that it may take years to develop a legal strategy for the Lewiston families. Still, he believes there is strong evidence that Robert Card fell through many cracks, incriminating multiple entities in the process. “You just can't turn your back on that, and we believe there is strong evidence that there were multiple points along the way where entities failed to meet their obligation,” he said. Expanding the scope of litigationKoskoff is also involved in a case in which he represents Uvalde families suing not only the gun manufacturer but also a social media company and a video game maker, highlighting the growing scope of litigation in the fight against gun violence. By using the civil court system, Koskoff and other attorneys aim to find justice for victims and hold accountable those who may enable violent acts.

LEWISTON, Maine —

With the number of mass shootings increasing, there are growing strategies to use the legal system to hold companies and organizations accountable for their actions – or inaction – in civil litigation.

“8 Investigates” takes a detailed look at how this strategy unfolded in the wake of the tragic mass murder in Lewiston.

Taking the fight to court

With little action on gun control in Washington, DC, attorney Josh Koskoff is shifting the battlefield from Congress to the courthouse. He believes the political landscape remains at a stalemate because of a divided country. But individual cases of misconduct offer another path to justice.

“As far as I can tell, the political situation is at a stalemate and will remain so as long as our country is divided. But in individual cases of misconduct, there is another way,” Koskoff said.

Victory against Remington

Koskoff is no stranger to this approach. He represented families after the Sandy Hook school shooting when they sued Remington Arms, the company that made the AR-15-style rifle used to kill 26 people, including 20 children.

“How did this incredibly sophisticated and dangerous military weapon end up on the floor of a first grade classroom in Sandy Hook, Connecticut?” he asked.

In a historic outcome, Koskoff secured a $73 million settlement—the first and only agreement with a gun manufacturer over a mass shooting.

“For eight long years, we have continued our fight to hold Remington accountable for its role in prioritizing profit over safety and using ruthless marketing techniques to target at-risk and violent young men,” said Nicole Hockley, who lost her son Dylan in the Sandy Hook shooting.

Legal Strategy in Lewiston

Koskoff is currently working with the legal team representing the families of Lewiston following the tragic Robert Card shooting that left 18 people dead last October. He plans to ask critical questions about the gun used and how Card acquired it.

“This known perpetrator, who they feared might shoot, was able to obtain these deadly weapons and as much ammunition as he wanted,” Koskoff said.

He acknowledges that it may take years to develop a legal strategy for the Lewiston families, but he believes there is compelling evidence that Robert Card slipped through many cracks and incriminated multiple people in the process.

“There is no escaping it and we believe there is compelling evidence that there have been several points along the way where companies have failed to meet their obligations,” he said.

Expansion of the scope of litigation

Koskoff is also involved in a case representing Uvalde families suing not only the gun manufacturer, but also a social media company and a video game maker, highlighting the growing scope of litigation in the fight against gun violence.

Koskoff and other attorneys use civil litigation to seek justice for victims and hold accountable those who enable violence.

You may also like...