Insight

A Historic Settlement and the Start of Sweeping Change

Koskoff Koskoff & Bieder made U.S. history in 2022 by securing a landmark wrongful death settlement on behalf of the families of Sandy Hook Elementary shooting victims. That trailblazing result demonstrated the breadth and depth of the firm’s experience and practice areas. The work continues, as the firm prepares for a related, high-profile defamation trial in the fall.

Sandy Hook Families Receive Historic Settleme
JS

Justin Smulison

April 11, 2022 10:23 AM

Critical Wrongful Death Resolution

For several decades, Newtown, Connecticut invoked images of a tranquil, picturesque Danbury suburb, with its small-town aura and natural surroundings. But that all changed on December 14, 2012, when an assailant armed with an AR-15 broke into Sandy Hook Elementary School and committed one of the most horrific mass shootings in United States history. The gunman killed 26 victims—20 children between six and seven years old, and six adult staff members— and injured two more after he took his mother’s life and later, his own on the same day.

In the decade since, victims and their families have sought accountability. The families of nine of the victims turned to the law firm of Koskoff, Koskoff & Bieder (Koskoff). Given Koskoff’s deep roots in the community and expansive practice, the plaintiffs trusted the firm to find a way to hold the maker of the AR-15 used in the shooting accountable for its role in the tragedy.

Koskoff filed the nine families’ wrongful death suit in 2014 against Remington, the company that made and marketed the AR-15 weapon used in the shooting. For seven-plus years, Koskoff beat back Remington’s attempts to defeat the case. Finally, in February 2022 Koskoff secured a landmark $73 million settlement and a chance to bring meaningful change to the way to guns are marketed in the U.S.

“These nine families have shared a single goal from the very beginning: to do whatever they could to help prevent the next Sandy Hook,” says firm partner and lead counsel Josh Koskoff. “It is hard to imagine an outcome that better accomplishes that goal.”

Several legal hurdles stood before the Koskoff team, including the Protection of Lawful Commerce in Arms Act (PLCAA), which was believed to be a blanket immunity in mass shooting cases. But Koskoff and co-lead counsel and partner Alinor Sterling alleged that Remington’s aggressive and violence-glorifying marketing of its AR-15s violated the Connecticut Unfair Trade Practices Act. Defying the predictions of legal analysts, that theory prevailed. In 2019, the Connecticut Supreme Court held that the families had alleged a claim permitted by PLCAA and allowed the case to proceed. The years of litigation were certainly challenging, and the plaintiffs even rejected Remington’s 2021 settlement in their quest for justice.

“This years-long struggle was all worthwhile in order to achieve the families’ goals, which were not limited to compensation,” Sterling says. “The settlement does not dispute the families’ right to make public thousands of pages of internal documents that expose Remington’s wrongdoing.” Ultimately, the result may set a legal precedent for other civil suits that arise from other mass shootings and gun violence.

“We showed what we can achieve through the justice system,” Sterling adds. “We can draw the public’s attention to these issues and force gun executives to look us in the eyes while they answer questions under oath. And when they’re looking in our eyes, they’re also looking into the eyes of the families. Battling through this case has been challenging but also uplifting, and shows the best of what it is to be a lawyer.”

A Defamation Suit Unlike Any Other

Koskoff is renowned for bringing meaningful change through its various practice areas. This versatility was integral when the firm was needed to litigate a concurrent high-profile battle stemming from the Sandy Hook shooting. This one involved misinformation through the airwaves.

Infowars owner Alex Jones made repeated and baseless claims on his programs that the Sandy Hook shooting was a hoax. The falsehoods projected to his audience segued onto social media and created a new dimension of suffering for the victims and their families.

With the wrongful death case against Remington already in progress, and having established the trust of the plaintiffs, a Koskoff team led by Chris Mattei filed a defamation suit in 2018 on behalf of eight victims’ families against Jones.

“Imagine you are grief stricken and suffering the loss of a child, and also attempting to care for your surviving children,” Mattei says. “And at the same time, you start getting these hateful messages that your child is actually alive, that it didn’t happen, that you’re lying and even a crisis actor. That would completely disrupt the natural healing process. You don’t get an opportunity to grieve in peace, because you are now yourself the target of harassment and threats. That is what we allege Alex Jones unleashed and it continues to this day—a terrible injustice for which he will be held accountable by a jury.”

Mattei was continually inspired by the plaintiffs, who stood tall in the face of adversity and would not let their children’s or loved ones’ legacies be tarnished. Following years of over-the-top stall tactics by Jones and his lawyers in court, in November 2021 Superior Court Judge Barbara Bellis issued a default in the lawsuits, one of the harshest sanctions possible.

This extraordinary action ensured that a jury trial would commence. Mattei says that he is confident in the firm’s abilities to secure a favorable outcome in the case, which is scheduled for September. Just as with the action against Remington, Mattei expects the litigation against Jones to reverberate across the justice system and American culture.

“We are as a country facing a crisis of disinformation and an attack on truth that is threatening our democratic society,” says Mattei. “Our case against Jones will send a strong signal that the justice system is one way to combat that dangerous trend and the harm it causes.

“We will show that you cannot lie, inflict suffering and hide behind the First Amendment to avoid the consequences. Lies have never been protected by the First Amendment and for good reason. This case reflects Koskoff’s mission to take on tough cases that need to be brought to hold powerful people accountable for the suffering they cause.”

Justin Smulison is a professional writer who regularly contributes to Best Lawyers. He was previously a reporter for the New York Law Journal and also led content and production for the Custom Projects Group at ALM Media. In addition to his various credited and uncredited writing projects, he has developed global audiences hosting and producing podcasts and audio interviews for professional organizations and music sites. JustinSmulison.contently.com

Related Articles

Connecticut's Best Lawyers 2022


by Best Lawyers

Our Connecticut's Best Lawyers 2022 publication features top-ranked legal talent in Hartford, New Haven, New London and Stamford.

Connecticut's Best Lawyers 2022

Loaded Arguments


by Justin Smulison

The historic Sandy Hook settlement may set precedent for future liability, while some states loosen their gun laws.

Historic Settlement in Sandy Hook Litigation

Reworking Connecticut's Solicitation Laws


by Gregory Sirico

Best Lawyers highlights legislation out of Connecticut addressing state solicitation and regulatory laws.

Reworking Connecticut's Solicitation Laws

Connecticut "Lawyer of the Year" 2022


by Best Lawyers

Tanya A. Bovée is honored as 2022 "Lawyer of the Year" in Connecticut for Employment Law-Management.

Connecticut "Lawyer of the Year" 2022

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

How Maine’s Yellow Flag Law Stacks up Against Other New England Gun Restrictions


by Gregory Sirico

New England states currently boast some of the lowest firearm mortality rates in the nation and world, but the state laws of the region vary quite drastically.

Silhouetted hand covering the barrel of a gun

IN PARTNERSHIP

Easton & Easton: Let Our Family Help Yours


by Justin Smulison

For more than 50 years, Easton & Easton have continued to be the go-to trial law firm for injury and wrongful death claims in Southern California in 2023.

Group of lawyers pose at table with globe in forefront

IN PARTNERSHIP

When the Result Means Everything


by Lyons & Simmons

Michael Lyons and Christopher Simmons, Texas-based trial attorneys and founders of the firm Lyons & Simmons, are dedicated to finding justice for their clients.

Two suited lawyers walk side by side while talking

The Tragic Limitations of New York’s Outdated Wrongful Death Law


by David Scher

New York might be a progressive state in many respects, but its wrongful death law is itself a regressive tragedy—essentially the same statute first passed in the mid-1800s—that prolongs and deepens grieving families’ suffering. This must change.

Grieving person sitting on park bench in front of ocean and storm

Building a Safer Culture


by Stephen J. Murphy

More construction workers die on the job in the U.S. than in any other occupation, yet rules and regulations are often honored more in the breach than the observance. Here’s an overview—and a blueprint for change.

Construction worker on high rise building above city

IN PARTNERSHIP

Securing Justice in the Aftermath of Tragedy


by Justin Smulison

Koskoff Koskoff & Bieder has always fought for truth. In 2022, the firm exposed how an infamous opportunist weaponized lies and misinformation at the expense of families still grieving those taken in the Sandy Hook Elementary School shooting. After several years in and out of the courtroom, the firm’s advocacy resulted a historic $1.4 billion verdict in Connecticut's Superior Court.

Group of suited lawyers gather for a picture

IN PARTNERSHIP

What is The Grieving Families Act (2022)?


by Michael L. Taub

Best Lawyers honoree Michael Taub explains The Grieving Families Act and what it means for wrongful death and malpractice cases in New York.

Image of grieving person on blue background

We Are Women, We Are Fearless


by Deborah S. Chang and Justin Smulison

Athea Trial Lawyers is a female owned and operated law firm specializing in civil litigation, catastrophic energy, wrongful death and product liability.

Athea Trial Law Female Leadership and Success

Kelley|Uustal: A Firm Like No Other


by Kelley|Uustal

Florida firm Kelley|Uustal navigates the importance of client representation and the hard-fought personal injury battles that the firm has taken on over the years.

Catastrophic Injury and Wrongful Death Firm

New York's Best Lawyers 2022


by Best Lawyers

Our 2022 New York's Best Lawyers publication features top-ranked legal talent and legal editorial from firms in New York, New Jersey and Connecticut.

New York's Best Lawyers 2022

Making a Difference


by John Fields

Best Lawyers®* honoree Randall H. Scarlett on his firm’s long history of helping those injured or wronged at the hands of others.

Randall Scarlett Helps Those Injured

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Is Premises Liability the Same as Negligence?


by Jeremy Wilson and Taylor Rodney Marks

In today's age, we are always on the move, often inhabiting spaces we don't own. But what happens when someone else's property injures you or someone you know?

A pair of silhouetted legs falling down a hole with yellow background

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background