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	Comments on: Connecticut high court, PLCAA or no PLCAA, allows Remington suit	</title>
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	<link>https://www.overlawyered.com/2019/03/connecticut-high-court-plcaa-or-no-plcaa-allows-remington-suit/</link>
	<description>Chronicling the high cost of our legal system</description>
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		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2019/03/connecticut-high-court-plcaa-or-no-plcaa-allows-remington-suit/comment-page-1/#comment-353504</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Tue, 19 Mar 2019 11:33:19 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73085#comment-353504</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2019/03/connecticut-high-court-plcaa-or-no-plcaa-allows-remington-suit/comment-page-1/#comment-353481&quot;&gt;SPO&lt;/a&gt;.

&quot; First, how do the victims have any standing to enforce a marketing law when they didn’t buy the product and weren’t users of the product?&quot;

Even if they were consumers of the product, why would they have standing?  Wouldn&#039;t standing for a lawsuit under an unfair trade practices law require the plaintiff to be a competitor of the defendant?]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2019/03/connecticut-high-court-plcaa-or-no-plcaa-allows-remington-suit/comment-page-1/#comment-353481">SPO</a>.</p>
<p>&#8221; First, how do the victims have any standing to enforce a marketing law when they didn’t buy the product and weren’t users of the product?&#8221;</p>
<p>Even if they were consumers of the product, why would they have standing?  Wouldn&#8217;t standing for a lawsuit under an unfair trade practices law require the plaintiff to be a competitor of the defendant?</p>
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		<title>
		By: Noncenx		</title>
		<link>https://www.overlawyered.com/2019/03/connecticut-high-court-plcaa-or-no-plcaa-allows-remington-suit/comment-page-1/#comment-353491</link>

		<dc:creator><![CDATA[Noncenx]]></dc:creator>
		<pubDate>Mon, 18 Mar 2019 22:23:31 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73085#comment-353491</guid>

					<description><![CDATA[If the original goal of PLCAA was to protect business “too thinly capitalized to withstand the costs of years of legal defense”,  what recourse do gunmakers have if the state supreme court allows the lawsuit when it clearly shouldn’t?  It seems like the gunmakers still suffer because the state supreme court is determined to enact gun control laws in violation of federal law and the Constitution.  Can they have the trial moved to federal court and away from a clearly illegal state court?

Asking as a non-lawyer, what do/can you do when the law is clearly ignored by the government???]]></description>
			<content:encoded><![CDATA[<p>If the original goal of PLCAA was to protect business “too thinly capitalized to withstand the costs of years of legal defense”,  what recourse do gunmakers have if the state supreme court allows the lawsuit when it clearly shouldn’t?  It seems like the gunmakers still suffer because the state supreme court is determined to enact gun control laws in violation of federal law and the Constitution.  Can they have the trial moved to federal court and away from a clearly illegal state court?</p>
<p>Asking as a non-lawyer, what do/can you do when the law is clearly ignored by the government???</p>
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		<title>
		By: Ronald V. Miller, Jr.		</title>
		<link>https://www.overlawyered.com/2019/03/connecticut-high-court-plcaa-or-no-plcaa-allows-remington-suit/comment-page-1/#comment-353488</link>

		<dc:creator><![CDATA[Ronald V. Miller, Jr.]]></dc:creator>
		<pubDate>Mon, 18 Mar 2019 19:02:57 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73085#comment-353488</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2019/03/connecticut-high-court-plcaa-or-no-plcaa-allows-remington-suit/comment-page-1/#comment-353469&quot;&gt;Walter Olson&lt;/a&gt;.

I wish there was a like button for these comments.  You would get one here.  I also want to say in the real world among real people your political positions do not matter much.  I have great friends that have world views that are wildly different from my own.  

In further support, the Scalia-Ginsburg friendship which by all accounts was very real.  This relationship was advanced in a hypercharged political environment where they both strongly disagreed with each other.

Also, I don&#039;t know the law in CT but we have never had an appellate judge removed from office at the ballot box in Maryland history.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2019/03/connecticut-high-court-plcaa-or-no-plcaa-allows-remington-suit/comment-page-1/#comment-353469">Walter Olson</a>.</p>
<p>I wish there was a like button for these comments.  You would get one here.  I also want to say in the real world among real people your political positions do not matter much.  I have great friends that have world views that are wildly different from my own.  </p>
<p>In further support, the Scalia-Ginsburg friendship which by all accounts was very real.  This relationship was advanced in a hypercharged political environment where they both strongly disagreed with each other.</p>
<p>Also, I don&#8217;t know the law in CT but we have never had an appellate judge removed from office at the ballot box in Maryland history.</p>
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		<title>
		By: SPO		</title>
		<link>https://www.overlawyered.com/2019/03/connecticut-high-court-plcaa-or-no-plcaa-allows-remington-suit/comment-page-1/#comment-353481</link>

		<dc:creator><![CDATA[SPO]]></dc:creator>
		<pubDate>Mon, 18 Mar 2019 12:31:50 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73085#comment-353481</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2019/03/connecticut-high-court-plcaa-or-no-plcaa-allows-remington-suit/comment-page-1/#comment-353469&quot;&gt;Walter Olson&lt;/a&gt;.

Regarding the motives of those who wrote the decision--in my view, this doesn&#039;t happen enough.  

This decision, on so many levels, is bad.  First, how do the victims have any standing to enforce a marketing law when they didn&#039;t buy the product and weren&#039;t users of the product?  Second, the exception obviously is to deal with situations where there was a difference between the product as marketed and how it performed.  

This is obvious to anyone who looks at it, and the fact that the learned judges didn&#039;t get that either shows that they are obtuse or willful,  

I&#039;ve mentioned the oft-summarily reversed Kim McLane Wardlaw.  Why isn&#039;t it ok to impugn her motives?  Why isn&#039;t it ok for lawyers and the public to ask whether she is qualified to sit on the courts?  &quot;Home cooking&quot; is something EVERYONE who does the legal thing has heard about.  Many have suffered it.  Every state Supreme Court in America knows about it---and do they do thing one to call it out? Not that I&#039;ve ever seen.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2019/03/connecticut-high-court-plcaa-or-no-plcaa-allows-remington-suit/comment-page-1/#comment-353469">Walter Olson</a>.</p>
<p>Regarding the motives of those who wrote the decision&#8211;in my view, this doesn&#8217;t happen enough.  </p>
<p>This decision, on so many levels, is bad.  First, how do the victims have any standing to enforce a marketing law when they didn&#8217;t buy the product and weren&#8217;t users of the product?  Second, the exception obviously is to deal with situations where there was a difference between the product as marketed and how it performed.  </p>
<p>This is obvious to anyone who looks at it, and the fact that the learned judges didn&#8217;t get that either shows that they are obtuse or willful,  </p>
<p>I&#8217;ve mentioned the oft-summarily reversed Kim McLane Wardlaw.  Why isn&#8217;t it ok to impugn her motives?  Why isn&#8217;t it ok for lawyers and the public to ask whether she is qualified to sit on the courts?  &#8220;Home cooking&#8221; is something EVERYONE who does the legal thing has heard about.  Many have suffered it.  Every state Supreme Court in America knows about it&#8212;and do they do thing one to call it out? Not that I&#8217;ve ever seen.</p>
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		<title>
		By: SPO		</title>
		<link>https://www.overlawyered.com/2019/03/connecticut-high-court-plcaa-or-no-plcaa-allows-remington-suit/comment-page-1/#comment-353480</link>

		<dc:creator><![CDATA[SPO]]></dc:creator>
		<pubDate>Mon, 18 Mar 2019 12:23:20 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73085#comment-353480</guid>

					<description><![CDATA[We&#039;ll see here if Roberts will stand up to the forces of lawlessness, or will he join them?]]></description>
			<content:encoded><![CDATA[<p>We&#8217;ll see here if Roberts will stand up to the forces of lawlessness, or will he join them?</p>
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		<title>
		By: Walter Olson		</title>
		<link>https://www.overlawyered.com/2019/03/connecticut-high-court-plcaa-or-no-plcaa-allows-remington-suit/comment-page-1/#comment-353469</link>

		<dc:creator><![CDATA[Walter Olson]]></dc:creator>
		<pubDate>Mon, 18 Mar 2019 02:40:19 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73085#comment-353469</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2019/03/connecticut-high-court-plcaa-or-no-plcaa-allows-remington-suit/comment-page-1/#comment-353467&quot;&gt;Wfjag&lt;/a&gt;.

This may just be my personal view, but I find &quot;wants to be invited to the right parties&quot; awfully tired as a trope for describing those who endorse legal ideas I disagree with. I think most senior judges have already arranged for whatever social life they may want at this point in their careers and don&#039;t spend a lot of time being jealous about unreceived invitations. 

The trope would stand a better chance of being persuasive were it phrased as &quot;are susceptible to social pressure from people who are much like them.&quot; That would capture ways in which even persons who are professionally very secure can sometimes be influenced by their family members, old friends, those with whom they serve in a church or volunteer capacity, and so forth. In Connecticut, that stratum does probably tend to push them in one direction more than another. But all of this is to accept the assumption that the right reaction to a regrettable court ruling is to second-guess the motives of those who signed it.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2019/03/connecticut-high-court-plcaa-or-no-plcaa-allows-remington-suit/comment-page-1/#comment-353467">Wfjag</a>.</p>
<p>This may just be my personal view, but I find &#8220;wants to be invited to the right parties&#8221; awfully tired as a trope for describing those who endorse legal ideas I disagree with. I think most senior judges have already arranged for whatever social life they may want at this point in their careers and don&#8217;t spend a lot of time being jealous about unreceived invitations. </p>
<p>The trope would stand a better chance of being persuasive were it phrased as &#8220;are susceptible to social pressure from people who are much like them.&#8221; That would capture ways in which even persons who are professionally very secure can sometimes be influenced by their family members, old friends, those with whom they serve in a church or volunteer capacity, and so forth. In Connecticut, that stratum does probably tend to push them in one direction more than another. But all of this is to accept the assumption that the right reaction to a regrettable court ruling is to second-guess the motives of those who signed it.</p>
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		<title>
		By: Wfjag		</title>
		<link>https://www.overlawyered.com/2019/03/connecticut-high-court-plcaa-or-no-plcaa-allows-remington-suit/comment-page-1/#comment-353467</link>

		<dc:creator><![CDATA[Wfjag]]></dc:creator>
		<pubDate>Mon, 18 Mar 2019 01:27:41 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73085#comment-353467</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2019/03/connecticut-high-court-plcaa-or-no-plcaa-allows-remington-suit/comment-page-1/#comment-353466&quot;&gt;SPO&lt;/a&gt;.

It’s not about the law. It’s about: (1) re-election, and, (2) continuing to be invited to the right parties.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2019/03/connecticut-high-court-plcaa-or-no-plcaa-allows-remington-suit/comment-page-1/#comment-353466">SPO</a>.</p>
<p>It’s not about the law. It’s about: (1) re-election, and, (2) continuing to be invited to the right parties.</p>
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		<title>
		By: SPO		</title>
		<link>https://www.overlawyered.com/2019/03/connecticut-high-court-plcaa-or-no-plcaa-allows-remington-suit/comment-page-1/#comment-353466</link>

		<dc:creator><![CDATA[SPO]]></dc:creator>
		<pubDate>Sun, 17 Mar 2019 21:23:16 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73085#comment-353466</guid>

					<description><![CDATA[Why would anyone trust the Connecticut Supreme Court to follow the law?  Why should Remington have to deal with the expense of this nonsense decision?]]></description>
			<content:encoded><![CDATA[<p>Why would anyone trust the Connecticut Supreme Court to follow the law?  Why should Remington have to deal with the expense of this nonsense decision?</p>
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