Saturday, April 16, 2016
Reporter Knowledge Deficit
The news accounts were fairly ecstatic. The Sandy Hook parents were seeking to nullify a law that specifically provides to gun sellers and makers what all manufacturers enjoy, namely, immunity from suits for illegal use of a legal product. And, mirable dictu, the poor grieving parents won the day and were proceeding on to victory over the nasty gun makers.
I wanted to read the opinion of the Connecticut judge who issued the denial of the gun provider defendants' motion to dismiss.
Now I have.
It is not the victory the reporters are reporting. It is a boring procedural matter order only. The court kept jurisdiction. That's it. There was no ruling that the complaint stated a claim on which relief could be granted (the dreaded Rule 12(b)(6) test for dismissing a complaint and awarding attorney fees to the complained against).
There still is not the slightest chance in heck that the grieving but litigious parents (who already split up the $1.5 million estate of the mother murdered by her son before he started shooting children) will win this thing. The law protecting the gun suppliers is too clear for even the most biased of liberal judges to be able to thwart.
Or so I think.
I wanted to read the opinion of the Connecticut judge who issued the denial of the gun provider defendants' motion to dismiss.
Now I have.
It is not the victory the reporters are reporting. It is a boring procedural matter order only. The court kept jurisdiction. That's it. There was no ruling that the complaint stated a claim on which relief could be granted (the dreaded Rule 12(b)(6) test for dismissing a complaint and awarding attorney fees to the complained against).
There still is not the slightest chance in heck that the grieving but litigious parents (who already split up the $1.5 million estate of the mother murdered by her son before he started shooting children) will win this thing. The law protecting the gun suppliers is too clear for even the most biased of liberal judges to be able to thwart.
Or so I think.
Labels: Sandy Hook Gun Suit; Recent Order No Ruling on Legal Exception to Protecting Law
# posted by Roger Fraley @ 5:37 PM 
