BUFFALO, N.Y. — Lawyers for gun component manufacturer, MEAN LLC, are asking New York State Supreme Court Judge Paula Feroleto, to dismiss the company from a Wrongful Death Lawsuit, brought by the families of victims killed in the Tops Mass Shooting.
MEAN LLC is among over a dozen defendants named in the Wrongful Death Lawsuit filed on May 12. Social media companies Meta, Alphabet, Amazon, and 4chan have also filed motions to dismiss.
Attorney Christopher Renzulli representing MEAN LLC was the first to argue their case on Thursday morning for dismissal. They declined when 2 on Your Side asked them to comment on the motion. The other defendants are expected to argue their case when proceedings continue Friday.
The legal team representing the families of the Tops shooting victims is arguing that the case should proceed. "To hold accountable the social media companies that radicalized the gunman, as well as the gun store, body armor manufacturer, and magazine lock manufacturer that armed him."
Regarding MEAN LLC, the plaintiff's attorney, Kristen Elmore-Garcia, told 2 on Your Side that MEAN LLC, which is based in Georgia, manufactures an accessory to AR-15 riffles that converts a detachable magazine to a fixed magazine so that it is accepted in some states like New York with stricter laws.
"They violated New York State's consumer protection laws with false advertising because, on the back of the instructions that supposedly fix the magazine lock in place, it tells you how to take it off in ten minutes," Elmore-Garcia said.
Authorities say the shooter indicated he used a power drill to remove the lock on the weapon he bought which was used.
New York law bans the possession of assault weapons and high-capacity magazines that hold more than 10 rounds of ammunition. New York Attorney General, Letitia James, filed a separate lawsuit against MEAN LLC, saying it sells a magazine lock marketed as a device to lock a magazine onto a semiautomatic rifle.
"However, the lock can easily be removed so that detachable magazines, including high-capacity magazines that hold more than 10 rounds of ammunition, can be inserted into a rifle," James said.
"The victims of this terrible shooting are people from our community that we know and that we love," said the plaintiff's attorney, John Elmore.
Elmore states his will also be a long battle as they face attorneys for the social media platforms with well-financed Wall Street and Silicon Valley connections.
"Our goal is to make this community safer, to make our country safer and to prevent mass shootings," Elmore said.
Attorney Terry Connor, who with other attorneys, is representing seven families of victims and some who survived the shooting says he is pursuing his civil lawsuit against similar parties as well and expects their pre-trial motions could be heard in court in February.