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Claim seeks $100 million for child survivor of Connecticut school shooting

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Claim seeks $100 million for child survivor of Connecticut school shooting

By Mary Ellen Godin | Reuters – 2 hrs 5 mins ago

http://news.yahoo.com/claim-seeks-100-million-child-survivor-connecticut-school-003646074.html

MERIDEN, Connecticut (Reuters) - A $100 million claim on behalf of a 6-year-old survivor is the first legal action to come out of the Connecticut school shootingthat left 26 children and adults dead two weeks ago.

The unidentified client, referred to as Jill Doe, heard "cursing, screaming, and shooting" over the school intercom when the gunman, 20-year-old Adam Lanza, opened fire, according to the claim filed by New Haven-based attorney Irv Pinsky.

"As a consequence, the ... child has sustained emotional and psychological trauma and injury, the nature and extent of which are yet to be determined," the claim said.

Pinsky said he filed a claim on Thursday with state Claims Commissioner J. Paul Vance Jr., whose office must give permission before a lawsuit can be filed against the state.

"We all know its going to happen again," Pinsky said on Friday. "Society has to take action."

Twenty children and six adults were shot dead on December 14 at the Sandy Hook Elementary School in Newtown, Connecticut. The children were all 6 and 7 years old.

Pinsky's claim said that the state Board of Education, Department of Education and Education Commissioner had failed to take appropriate steps to protect children from "foreseeable harm."

It said they had failed to provide a "safe school setting" or design "an effective student safety emergency response plan and protocol."

Pinsky said he was approached by the child's parents within a week of the shooting.

The shooting, which also left the gunman dead, has prompted extensive debate about gun control and the suggestion by the National Rifle Association that schools be patrolled by armed guards. Police have said the gunman killed his mother at their home in Newtown before going to the school.

(Reporting by Mary Ellen Godin Editing by Ellen Wulfhorst)

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Smith & Wesson expands buyback plans by $15M

Smith & Wesson expands repurchase plans by $15 million as gun control talks move forward

Associated PressThu, Dec 27, 2012

http://news.yahoo.com/smith-wesson-expands-buyback-plans-173858230.html

SPRINGFIELD, Mass. (AP) -- Smith & Wesson plans to spend an additional $15 million buying back its own stock after watching shares get pummeled in the wake of the school shooting in Connecticut earlier this month.

Shares of gun makers have been on a tear all year long due to fears that President Barack Obama would push for new restrictions if he were re-elected.

Even with the sell-off after the Dec. 14 shooting in Newtown, Conn., shares ofSmith & Wesson Holding Corp. are still worth nearly twice what they were at the start of the year. Shares rose 3 percent Thursday to $8.20.

Shares of Smith & Wesson closed at $7.96 Wednesday, down more than 16 percent from the day before the shooting.

However, the same fears of new gun restrictions have been heightened since the shooting, with Obama vowing to send Congress new policy proposals at the start of the year intended to reduce gun violence.

And Cowen & Co. last week published a report by analyst Cai von Rumohr, whose research suggested that gun sales had indeed picked up since the shooting.

Rumohr still downgraded the company, as well as rival Sturm, Ruger & Co., because of uncertainty over what shape new gun laws would take.

There remains some pressure on gun makers and it seems unlikely that they will near annual highs, which Smith & Wesson reached one week before the shooting that left 20 children and six school staff members dead.

The private equity firm Cerebus said after the shooting that it would sell its stake in the company that makes the Bushmaster semiautomatic rifle and sporting goods retailer Dick's suspended the sale of modern sporting rifles nationwide.

That has not shaken Smith & Wesson's view of the value of its own shares, however.

Earlier this month, the company approved plans to buy back $20 million of its shares as they reached their peak for the year. That buyback has already been completed. The company expects to fund this latest repurchase program using cash on hand and working capital.

In September, Smith & Wesson posted record earnings and its outlook went well beyond what Wall Street had been expecting.

Its shares surged 19 percent in after-hours trading on that day.

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Hmmm... Traumatic? Yes.

Also a shameless way for parents to cash in on an event that saw many other parents lose their children? I dunno...

But if the gunmakers have to pay, bring it on.

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Claim seeks $100 million for child survivor of Connecticut school shooting

By Mary Ellen Godin | Reuters – 2 hrs 5 mins ago

http://news.yahoo.co...-003646074.html

MERIDEN, Connecticut (Reuters) - A $100 million claim on behalf of a 6-year-old survivor is the first legal action to come out of the Connecticut school shootingthat left 26 children and adults dead two weeks ago.

The unidentified client, referred to as Jill Doe, heard "cursing, screaming, and shooting" over the school intercom when the gunman, 20-year-old Adam Lanza, opened fire, according to the claim filed by New Haven-based attorney Irv Pinsky.

"As a consequence, the ... child has sustained emotional and psychological trauma and injury, the nature and extent of which are yet to be determined," the claim said.

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'Foreseeable harm'. Ridiculous. If that's true then I should file a class action suit against the complainants on behalf of everyone who was emotionally distraught from the incident. Since the complainants claim the harm was foreseeable I feel they should have done more to warn the school about it.

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No doubt this was very traumatic for the child. But this sounds more like parents trying to cash in on the situation. And I highly doubt the situation was foreseeable. No one expects a psycho to come into an elementary school with a gun intending to kill.

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No doubt this was very traumatic for the child. But this sounds more like parents trying to cash in on the situation. And I highly doubt the situation was foreseeable. No one expects a psycho to come into an elementary school with a gun intending to kill.

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Cash grab.

Hey, I was very traumatized emotionally watching this unfold on TV. Give me a fat paycheque, please.

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Way to take advantage of the situation, pretty sad. There isnt anybody you can blame other than the shooter.

Your child survived as well... Be thankful for that instead of trying to cash in.

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'Foreseeable harm'. Ridiculous. If that's true then I should file a class action suit against the complainants on behalf of everyone who was emotionally distraught from the incident. Since the complainants claim the harm was foreseeable I feel they should have done more to warn the school about it.

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Claim seeks $100 million for child survivor of Connecticut school shooting

By Mary Ellen Godin | Reuters – 2 hrs 5 mins ago

http://news.yahoo.co...-003646074.html

MERIDEN, Connecticut (Reuters) - A $100 million claim on behalf of a 6-year-old survivor is the first legal action to come out of the Connecticut school shootingthat left 26 children and adults dead two weeks ago.

The unidentified client, referred to as Jill Doe, heard "cursing, screaming, and shooting" over the school intercom when the gunman, 20-year-old Adam Lanza, opened fire, according to the claim filed by New Haven-based attorney Irv Pinsky.

"As a consequence, the ... child has sustained emotional and psychological trauma and injury, the nature and extent of which are yet to be determined," the claim said.

Pinsky said he filed a claim on Thursday with state Claims Commissioner J. Paul Vance Jr., whose office must give permission before a lawsuit can be filed against the state.

"We all know its going to happen again," Pinsky said on Friday. "Society has to take action."

Twenty children and six adults were shot dead on December 14 at the Sandy Hook Elementary School in Newtown, Connecticut. The children were all 6 and 7 years old.

Pinsky's claim said that the state Board of Education, Department of Education and Education Commissioner had failed to take appropriate steps to protect children from "foreseeable harm."

It said they had failed to provide a "safe school setting" or design "an effective student safety emergency response plan and protocol."

Pinsky said he was approached by the child's parents within a week of the shooting.

The shooting, which also left the gunman dead, has prompted extensive debate about gun control and the suggestion by the National Rifle Association that schools be patrolled by armed guards. Police have said the gunman killed his mother at their home in Newtown before going to the school.

(Reporting by Mary Ellen Godin Editing by Ellen Wulfhorst)

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Legal foreseeable harm is not what the layperson would consider it to be. It is an incredibly complex concept in negligence law and it is fact driven.

For example manufacturers of fertilizer products could not reasonably foresee that their products would be used in 1993 World Trade Center terrorist attack. ~ Port Auth. of N.Y. & N.J. v. Arcadian Corp., 189 F.3d 305 (3d Cir. 1999)

In respect of the 9/11 attacks it was ruled that the manufacturer of airliner might reasonably foresee that failure to design secure cockpit could facilitate hijacking that would increase risk to persons and property on the ground in the September 11, 2001 terrorist attacks. ~ re Sept. 11 Litig., 280 F. Supp. 2d 279, 307 (S.D.N.Y. 2003)

If you really want to give your head a spin and try to understand the concept of legal foreseeable harm see this article.

http://tortssymposiu...papers/owen.pdf

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Sounds like they're just taking advantage of a terrible situation. Shame on them if that's the case.

America is unbelievable sometimes.

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The culture of legalism is one of the worst aspects of modern America, lawsuits and legal liability are a constant issue.

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Not to make light of the situation, but if there's a next shooting massacre, can it just be a building full of lawyers? Thanks.

It would be interesting to see the majority reaction on that. Yeah, it's tragic. Or was it? Definitely scaling down my fallen tears, for sure. It's interesting how we value different lives based on things like age and occupation.

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Hmmm... Traumatic? Yes.

Also a shameless way for parents to cash in on an event that saw many other parents lose their children? I dunno...

But if the gunmakers have to pay, bring it on.

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Not to make light of the situation, but if there's a next shooting massacre, can it just be a building full of lawyers? Thanks.

It would be interesting to see the majority reaction on that. Yeah, it's tragic. Or was it? Definitely scaling down my fallen tears, for sure. It's interesting how we value different lives based on things like age and occupation.

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Almost as sickening as the shooting. The society is decaying.

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