A Novel Legal Strategy for Mass Shooting Victims’ Families
Jun 18, 2024
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J. David Goodman discusses novel legal tactics in mass shooting lawsuits, focusing on targeting video game, gun manufacturers, and Instagram. Lawsuits broaden blame from shooters to contributing factors, exploring consequences of marketing strategies on mass shootings.
Lawsuits target video game companies and gun manufacturers for influencing teenage gunmen.
Legal strategy broadens accountability to entities like tech companies in mass shooting cases.
Deep dives
Lawsuits Against Gun Manufacturer, Video Game Company, and Social Media Platform
Families of mass shooting victims file lawsuits targeting a video game company, a gun manufacturer, and Instagram, alleging they groomed the teenage gunman. Efforts broaden legal accountability beyond individuals to entities influencing shooters. Lawyer Joshua Koskoff transitions to gun litigation after the Sandy Hook case, challenging the gun industry's federal protections.
Challenging Gun Industry Protections and Seeking Justice for Victims
Koskoff faces legal obstacles due to the Protection of Lawful Commerce in Arms Act, which shields gun manufacturers from liability in shootings. He successfully sued Remington by proving illegal marketing tactics aimed at youth, awarding the victims' families a substantial settlement. He continues to pursue accountability for mass shootings, navigating industry protections and legal complexities.
Accusations Against Video Game Company and Social Media Platform
Koskoff files lawsuits against Activision and Instagram, claiming they contributed to the shooting by promoting weapons to vulnerable teenagers. Activision's game, Call of Duty, is depicted as an immersive combat simulator influencing users' behavior. Instagram's role in allowing gun content to reach young audiences is questioned, highlighting the challenges in holding tech companies accountable for such incidents.
Complex Legal Arguments and Hurdles in Mass Shooting Lawsuits
Koskoff's lawsuits provoke debate on the influence of video games and social media in shaping gun violence. Despite legal hurdles like Section 230 protecting social media platforms, he argues for broader accountability in gun-related tragedies. The cases pose challenges but aim to shift focus from individuals to systemic influences impacting shooters' actions and seek justice for victims and their families.
As mass shootings plague the United States, victims’ families continue to search for accountability. To that end, a pair of lawsuits by the families of victims of the Uvalde school shooting will try a new tactic.
J. David Goodman, the Houston bureau chief for The Times, discusses the unusual targets of the lawsuits and profiles the lawyers behind them.
Guest: J. David Goodman, the Houston bureau chief for The New York Times.
Background reading:
The Uvalde lawsuits are among the most far-reaching to be filed in response to the escalating number of mass shootings in the United States.
For more information on today’s episode, visit nytimes.com/thedaily. Transcripts of each episode will be made available by the next workday.
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