Parents of Sandy Hook victims planning lawsuit against gunmaker Bushmaster

[branford]

378. I, too, do not practice in CT, and am uncertain as to whether interlocutory appeals are allowed.

However, I would imagine that if such appeals are not permitted as of right or by leave, that the defendants would seek intervention in the federal courts under the PLCAA. Even if a state trial judge was not inclined to grant dismissals, I doubt very much he or she would want the parties to go through the time and expense of a jury verdicts, and than have it reversed on appeal. The politics and optics would also prove very problematic.

The facts concerning the sale, transfer and, most importantly, theft of the guns and shooting itself are not materially in dispute. CT also has a assault weapons ban where the legislature expressly determined which rifles were permitted under the law, and there is no question that the mother's firearms were compliant. This is not some slip and fall or routine product liability case like a malfunctioning airbag or ignition switch, and the motives and intentions of the plaintiffs are clear and astoundingly broad. Particularly with such a comprehensive preemptive federal immunity statute at play (and possibly even the 2A), I do not believe this matter should or will ever see a jury, whether it's disposed of by motions to dismiss or summary judgment, although appeals are a near certainty. Lastly, even though the 2nd Cir., and I would not be surprised if the courts in CT, are not friendly to the 2A, I believe that neither would want the matter to ever go to the Supreme Court given it's majority rationale in Heller and McDonald. Such as loss would be disastrous for the gun control movement.

I still believe that the plaintiffs think they'll lose the suit, but will have a net gain for their cause. (My reasoning can be found in this post)

Whatever happens, it should be interesting and many people will definitely not be happy.

P.S.: It's a pleasure discussing the case with someone on DU who understands basic legal procedure and reasoning, even though we might not agree. Have a great holiday!