Parents of Sandy Hook victims planning lawsuit against gunmaker Bushmaster

[branford]

371. I give no credence to loonies with conspiracy theories.

Moreover, I, too, would have filed in the state courts, and since I don't know if there was complete diversity, filing in federal court might not have even been an option. Much of the discussion about the court was before we actually say the complaint and legal theories, and I agree that federal pleading are usually more demanding than those in state courts, including in NYC, where I primarily practice.

It is difficult to prevail on motions for summary judgment in negligence case, no less motions to dismiss, due to issues of fact. In this instance, the primary basis for dismissal is legal immunity provided by the PLCAA, although other bases certainly exist. The actual facts of surrounding shooting are not really in dispute, and a competent court should be able to easily determine the immunity issue.

However, as I indicated elsewhere, state trial judges are often notorious for ignoring or misunderstanding the law, no less federal law, and I would not be at all surprised if the CT trial court contorted itself into a proverbial legal pretzel in order to assist such sympathetic plaintiffs and sent the matter to a jury. I do not believe the plaintiffs will be nearly as lucky with appellate courts, and since the preemptive immunity statute is a federal law, with any potential federal court review.