TexasCHLforum.com

Depending on how this case is resolved it could open up a flood of lawsuits against gun manufacturers.


http://www.msn.com/en-us/news/us/lawsui ... smsnnews11

Froma the linked article:

Superior Court Judge Barbara Bellis declined to dismiss it, saying the gunmaker, a unit of Madison, North Carolina-based Freedom Group Inc, had not proven that the Protection of Lawful Commerce in Arms Act stopped her from hearing the case.

"The Superior Court has subject matter jurisdiction over a wrongful death action where the injury arose out of conduct by the defendants," Bellis wrote. "Any immunity that PLCAA may provide does not implicate this court's subject matter jurisdiction."

This tells me that it is a technical reading of the statute, that the case can be heard to determine if the facts are such as to give the defendants a complete defense to the claims.

Each state has its own pleading rules. No telling what Connecticutt's are. You may remember that Colorado has rules that in Federal Court resulted in dismissal of the claims against Lucky Gunner in the movie theater case.

We want disputes to be heard, give claimants their day in court if they are so entitled. If you can't state a claim in which relief can be granted, then dismissal is warranted. So, too, if there is no dispute of material facts, summary judgment is warranted. Most cases are not that clear, so a trial is appropriate if not resolved before trial.

It looks like we have two threads on this case.

http://www.texaschlforum.com/viewtopic.php?f=83&t=75658

Already running the link above.