In Major Victory for Survivors of King Soopers Mass Shooting, Lawsuits Seeking to Hold Ruger Accountable for Alleged Illegal Sale, Marketing of Short-Barreled Rifle to Shooter Proceed to Discovery

The 77-Page Ruling Marks Ruger’s Third Failed Attempt to Have the Cases Moved or Thrown Out  

CONNECTICUT – The survivors of the King Soopers mass shooting, represented by Everytown Law, along with Claggett, Sykes & Garza LLC and pro bono counsel Willkie Farr & Gallagher LLP, secured an important victory in their cases seeking to hold Sturm, Ruger & Company accountable for marketing and selling a short-barreled rifle to the shooter, in violation of the National Firearms Act and Gun Control Act. In the ruling, a Connecticut Superior Court judge denied the defendant’s motion to strike, allowing the plaintiffs’ claims to move forward to discovery. 

“We’re pleased that the Court denied Ruger’s motion to strike in its entirety, and look forward to moving this case forward,” said Eric Tirschwell, Executive Director of Everytown Law. “We are steadfast in our fight to secure justice for those impacted by the King Soopers tragedy, and look forward to proving Ruger’s unlawful marketing and sale of a short-barreled rifle and how Ruger’s actions were a substantial factor in the devastatingly tragic shooting at the King Soopers market.” 

“We’re grateful for the Court’s thoughtful and well-reasoned decision. We will continue the fight to seek full justice and accountability for the families impacted by the King Soopers tragedy,” said Andrew Ranks, Partner, Claggett, Sykes & Garza, LLC.

On March 22, 2021, ten individuals were killed at the King Soopers supermarket in Boulder, Colorado, in one of the deadliest mass shootings of the year. The shooter was armed with a Ruger gun that the lawsuit alleges was misleadingly marketed and sold as an AR-556 “pistol,” when in reality, the weapon was a short-barreled rifle, which is subject to heightened regulations under longstanding federal firearms laws. More on the specifics of this case can be found here.

The estates of six of the victims are suing Ruger for selling this short-barreled rifle in violation of the National Firearms Act and Gun Control Act. Everytown Law, the pro bono team lead by Soumya Dayananda of Willkie Farr & Gallagher LLP, and the team led by Andrew Garza, Andrew Ranks, and Alexa Mahony of Claggett, Sykes & Garza LLC represent Nathaniel Getz, Suzanne Fountain’s son and the executor of her estate.  Claggett, Sykes, & Garza LLC also represent the estates of Neven Stanišić, Denny Stong, Lynn Murray, Jody Waters, and Kevin Mahoney in a parallel case. 

Ruger has repeatedly attempted, and failed, to have the cases dismissed or moved. First, the United States District Court for the District of Connecticut rejected Ruger’s attempt to move the lawsuits from state court to federal court. Ruger then attempted to move the cases to Colorado court by filing a forum non conveniens motion, which was also denied. The defendant’s subsequent motion to strike, similar to a motion to dismiss, was rejected yesterday, allowing the cases to proceed to discovery. 

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