Wisconsin court says gun site not liable in spa shooting
Headline Legal News | 2019/05/01 16:16
The state Supreme Court dismissed a lawsuit Tuesday alleging a firearms website that enabled a man to illegally purchase the pistol he used in a mass shooting at a suburban Milwaukee spa six years ago is liable in the killings, ruling that federal law grants the site operators immunity.

The court ruled 5-1 that the federal Communications Decency Act protects Armslist LLC, a firearms classifieds website. The act absolves website operators of any liability resulting from posting third-party content.

Radcliffe Haughton’s wife, Zina Daniel Haughton, had taken out a restraining order against him that prohibited him from possessing a firearm. But he bought a semi-automatic pistol and ammunition in October 2012 from a person he met through Armslist.com, according to court documents.

The next day he opened fire at Azana Salon & Spa in Brookfield, where his wife worked. He killed her, two of her co-workers and wounded four others before he took his own life.

According to court documents, Haughton used an Armslist.com function that allowed him to bypass ads from licensed dealers, enabling him to avoid a background check.

The lawsuit filed in 2015 alleged Armslist’s operators should have known that the design of the site enabled illegal gun purchases. But Chief Justice Pat Roggensack, writing for the majority, said Tuesday that if a website’s features can be used lawfully the act immunizes the operators from liability when third parties use the sites unlawfully. Therefore all that’s left is to consider the site a publisher, triggering immunity under the act, she said.

“Regardless of Armslist’s knowledge or intent, the relevant question is whether (the) claim necessarily requires Armslist to be treated as the publisher or speaker of third-party content,” Roggensack wrote. “Because it does, the negligence claim must be dismissed.”

Justice Ann Walsh Bradley was the lone dissenter. She accused the majority of allowing Armslist to hide behind the federal law and called the decision a “manufactured interpretation” of the lawsuit’s arguments.


[PREV] [1] ..[614][615][616][617][618][619][620][621][622].. [2842] [NEXT]
All
Headline Legal News
Legal Topics
Legal Business
Attorney News
Court News
Court Watch
Areas of Focus
Legal Interview
Opinions
A Supreme Court ruling in a socia..
Prosecutors seek from 40 to 50 ye..
Trump wants N.Y. hush money trial..
Sen. Bob Menendez enters not guil..
Hong Kong court affirms landmark ..
Prosecutors Drop Charges During ..
Supreme Court temporarily blocks ..
Prince Harry loses a court challe..
Witness at trial recounts fatal s..
Court rejects appeal from 3 GOP H..
Ex-Illinois lawmaker abruptly ple..
North Carolina voter ID trial res..
Republicans urge state Supreme Co..
Nevada Supreme Court sides with A..
Court says GOP lawmakers who stag..
Donald Trump must pay an addition..
Supreme Court could overturn Okla..
Illinois high court hands lawmake..
What to know: South Africa's geno..
What to know about arguments over..




St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Chicago Truck Drivers Lawyer
Chicago Workers' Comp Attorneys
www.krol-law.com
Raleigh, NC Business Lawyer
www.rothlawgroup.com
Bar Association Website Design
Bar Association Member Management
www.lawpromo.com
Sunnyvale, CA truck accident Attorney
www.esrajunglaw.com
Raleigh, NC Business Lawyer
www.rothlawgroup.com
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Web Design For Korean American Lawyers
Korean American Lawyer Website Design
romeoproduction.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
Family Lawyer Rockville Maryland
Rockville Divorce lawyer
familylawyersmd.com
   Legal Resource
Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media.
 
 
 
Copyright © ClickTheLaw.com. All Rights Reserved.The content contained on the web site has been prepared by Click The Law. as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. By using the www.clickthelaw.com you agree to be bound by these Terms & Conditions.

A LawPromo Web Design