Today, the Connecticut
Supreme Court affirmed the dismissal of all of plaintiffs’ claims against the
manufacturer, wholesale distributor, and retail dealer in Soto v. Bushmaster Firearms
International, LLC, et al., except for a narrow theory related to
the marketing of firearms. The Court unanimously dismissed plaintiffs’
primary claims that the sale of Modern Sporting Rifles, like the Bushmaster
XM15-E2S, to civilians constitutes negligent entrustment and violates the
Connecticut Unfair Trade Practices Act (“CUTPA”). The Court, in
particular, concluded that plaintiffs’ claims against defendants based on the
sale of the Bushmaster XM15-E2S rifle were barred by the statute of
limitations.
However, in a 4-3 decision, the Court opened the door to a “narrow legal
theory,” namely, that CUTPA applies to the marketing of firearms and that this
type of alleged violation constitutes a predicate exception to the PLCAA.
The majority held that the plaintiffs had sufficiently pleaded
allegations that “the defendants knowingly marketed, advertised, and promoted
the XM15-E2S for civilians to use to carry out offensive, military style combat
missions against their perceived enemies.” The majority explained that “[s]uch
use of the XM15-E2S, or any weapon for that matter, would be illegal, and
Connecticut law does not permit advertisements that promote or encourage
violent, criminal behavior.” On that narrow basis, the majority held that
the “PLCAA does not bar the plaintiffs’ wrongful marketing claims and that, at
least to the extent that it prohibits the unethical advertising of dangerous
products for illegal purposes, CUTPA qualifies as a predicate statute.” The
majority further held that 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.”
We are evaluating the majority’s decision, as well as the dissenting opinion
issued by Justice Robinson (and joined by Justices Vertefeuille and
Elgo). As this matter progresses, we will keep our readers updated
concerning important developments in this case.