Parents of Sandy Hook victims planning lawsuit against gunmaker Bushmaster

[branford]

328. I do not believe that the lack of reference to the PLCAA is a defect in the complaint,

although its purported lack of applicability would likely have been indicated in a less public pleading. As I mentioned earlier, the bulk of the complaint reads like a press release, and any mention of the defendants' possible immunity to suit would detract from the political message, and might raise questions from reporters without relevant legal training or experience.

Unfortunately, I'm not at all familiar with Connecticut state trial procedures or deadlines. Nevertheless, the anticipated response to the complaint will almost certainly be motions to dismiss, covering grounds besides the PLCAA. The plaintiffs will then file opposition papers, and the defendants likely entitled to a reply. The court will then need to consider the papers and schedule and hear oral arguments before issuing any decision. My gut tells me not to expect to hear anything substantive about the proceedings until Spring 2015. Appeals and possibly related federal court action may follow, which will add significant time to any resolution.