Judge orders Brady Center to pay legal fees of gun dealer it sued

It is all too rare that those who file a frivolous lawsuit undertaken for questionable reasons are forced to pay the legal fees of those whom they sue.  But it has just happened in Colorado.  Stephen Gutowski reports in the Washington Free Beacon:

A federal judge has ordered that the Brady Center to Prevent Gun Violence pay the legal fees of an online ammunition dealer it sued for the Aurora movie theater shooting.

The order, which was issued last week, comes after Judge Richard P. Matsch dismissed the gun control group’s suit that sought to hold Lucky Gunner legally responsible for the 2012 shooting. The Brady Center had argued in their suit that the way Lucky Gunner sells ammunition is “unreasonably dangerous and create a public nuisance.”

“A crazed, homicidal killer should not be able to amass a military arsenal, without showing his face or answering a single question, with the simple click of a mouse,” Brady Center’s Legal Action Project Director Jonathan Lowy said at the time. “If businesses choose to sell military-grade equipment online, they must screen purchasers to prevent arming people like James Holmes.”

Judge Matsch disagreed with the Brady Center’s argument. He said the suit was filed for propaganda purposes.

The case is under appeal, so actual payment is far from certain.

But we desperately need what is the called “The English Rule,” under which the loser pays the winner’s legal fees in any lawsuit.  That would do a great deal to eliminate frivolous and harassing lawsuits.  Needless to say, the tort lawyers and the Democratic Party they control are against it.  

It is all too rare that those who file a frivolous lawsuit undertaken for questionable reasons are forced to pay the legal fees of those whom they sue.  But it has just happened in Colorado.  Stephen Gutowski reports in the Washington Free Beacon:

A federal judge has ordered that the Brady Center to Prevent Gun Violence pay the legal fees of an online ammunition dealer it sued for the Aurora movie theater shooting.

The order, which was issued last week, comes after Judge Richard P. Matsch dismissed the gun control group’s suit that sought to hold Lucky Gunner legally responsible for the 2012 shooting. The Brady Center had argued in their suit that the way Lucky Gunner sells ammunition is “unreasonably dangerous and create a public nuisance.”

“A crazed, homicidal killer should not be able to amass a military arsenal, without showing his face or answering a single question, with the simple click of a mouse,” Brady Center’s Legal Action Project Director Jonathan Lowy said at the time. “If businesses choose to sell military-grade equipment online, they must screen purchasers to prevent arming people like James Holmes.”

Judge Matsch disagreed with the Brady Center’s argument. He said the suit was filed for propaganda purposes.

The case is under appeal, so actual payment is far from certain.

But we desperately need what is the called “The English Rule,” under which the loser pays the winner’s legal fees in any lawsuit.  That would do a great deal to eliminate frivolous and harassing lawsuits.  Needless to say, the tort lawyers and the Democratic Party they control are against it.