Buffalo, N.Y. (WBEN) - A lawsuit that seeks to hold social media companies accountable for the Tops massacre returned to court Tuesday as the defendants, which includes sites like 4chan, Twitch, Discord and Reddit, look to have the case dismissed.
Attorney Kristen Elmore-Garcia represents four families of victims of the tragedy.
"We are up for appeal on a motion to dismiss the case brought by social media companies."
Elmore-Garcia has filed a lawsuit against the companies for "radicalization, harmful product and harmful algorithm that contributed to the mass shooting."
The families are also appealing a decision against Mean Arms, which makes, sells and distributes a device meant to lock a gun magazine.
"We have false advertising and misleading marketing claims against Mean Arms. They designed a magazine locking device. For certain semiautomatic weapons in New York State, there is a fixed magazine requirement. Mean LLC designed and marketed a very small locking device, and at the same time showed customers how to remove it. We have evidence that shows the shooter chose the weapon he purchased because it had that locking mechanism on it, which he knew he could remove. We allege their product made the shooting more deadly."
Both cases are being heard in the Appellate Division of New York Supreme Court in Rochester.
"All we're asking the court to do today is to affirm the ruling from Judge Feroleto in Erie County and keep the case alive," said Elmore-Garcia.
These are civil suits, and are not connected to the criminal trial that is going on simultaneously.
Payton Gendron has already been sentenced to life in prison in state court. He's facing the death penalty in federal court for killing ten black people
at Tops Market on Jefferson Avenue, May 14, 2022.
Elmore-Garcia said the suit against social media is precedent setting. "There is no other case in the country that has survived a motion to dismiss, holding social media corporations accountable in the aftermath of a mass shooting."