Chance of SCOTUS hearing Remington‘s appeal of Sandy Hook case?

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Not a lawyer but you need 4 to take the case. It will depend on how the others view Roberts.

If he goes with the anti 4 , it would be a great loss and would indicate that the state bans will not be undone unless there are more clearly pro gun justices.

The justices who vote to take it will be a sign. If they all vote for it, it is a crap shoot
 
Not a lawyer but you need 4 to take the case. It will depend on how the others view Roberts.

If he goes with the anti 4 , it would be a great loss and would indicate that the state bans will not be undone unless there are more clearly pro gun justices.

The justices who vote to take it will be a sign. If they all vote for it, it is a crap shoot

This would actually be an easier case for Roberts as it deals with federal statutory law's supremacy over state court decisions affecting commerce. CT is actually bucking against considerable federal court and state court precedents from other states as well as Congressional powers under the Commerce Clause. This might even be a brief reverse and remand type decision which Roberts as someone who likes stare decisis would probably have no problem with. For those that want to look up the criteria for certiorari, it is found in Rule 10 of the Court's own rules of procedure.
 
This would actually be an easier case for Roberts as it deals with federal statutory law's supremacy over state court decisions affecting commerce. CT is actually bucking against considerable federal court and state court precedents from other states as well as Congressional powers under the Commerce Clause. This might even be a brief reverse and remand type decision which Roberts as someone who likes stare decisis would probably have no problem with. For those that want to look up the criteria for certiorari, it is found in Rule 10 of the Court's own rules of procedure.


So does this look like a case that they would probably take up?
 
If they don't take it, then the CT court stands and the lawsuit continues. That would be bad precedent if it is found for the plaintiffs. Might see a wave across the country as the state courts think it has been approved by SCOTUS. I bow to the legal expertise if I have this incorrect.
 
So does this look like a case that they would probably take up?
Federal courts do not generally defer to state court's interpretations of federal law. The reason is pretty obvious, the U.S. cannot have fifty different interpretations of federal law by each state court. Any state court that attempts to interpret the U.S. Constitution, Treaties, Laws of Congress, federal administrative decisions deriving their authority from federal law, or diversity of citizenship issues creates a "federal question" that is necessary for Scotus (or other lower federal courts) to review a state law, court decision, etc. There is also the issue that the decision was 4-3 at the CT Supreme Court which indicates that a slim majority supported the plaintiffs' attempts to compel discovery of Remington's marketing practices by not dismissing all of the claims against Remington. The appeal in CT dealt with whether Remington was shielded during the lawsuit from claims by the plaintiffs. The Supreme Ct. of CT decided not and was to allow trial court proceedings such as discovery etc. to advance.

On a federal question generally the Supremacy clause attaches. This case has the potential to muddy the waters, so to speak, of what tort law protections the Protection of Lawful Commerce in Arms Act (PLCAA) offers third parties. State appellate courts have generally deferred reluctantly to this law in previous lawsuits so my suspicion is that this case will be viewed by the Supreme Court more as a judicial federalism type case rather than a pro- or anti-gun decision. Generally the federal courts and judges prefer unified of interpretation of federal laws so you might even see one or two of the more liberal justices siding with the defendant here due to potential adverse precedent to other federal laws that the liberal justices like such as Title IX interpretations etc.

Some diversity of citizenship cases get a little weird and this is one that involves both state tort law and a federal law passed under the Commerce clause authority that dictates how states may address liability by third parties such as retailers and manufacturers of firearms. This is not unprecedented btw as such things as nuclear power plants, aircraft, etc. have some degrees of federal tort protections from state tort laws and absent Scalia on the court, have also decided that state court tort decisions can violate the U.S. Constitution in instances of excessive damages ( BMW v. Gore). Justice Scalia argued along with Justice Thomas and Ginsberg in their dissents that the federal government had very limited powers to monkey with state tort decisions.

The idea of joint and several liability under tort laws is to allow recovery from third parties to redress the injury suffered by the plaintiffs (deep pockets usually). However, often activists use class action suits to both fund future activism (smacking of barrantry--which is litigation designed to pay the attorneys rather than benefit the plaintiffs of the public good), punishing disliked organizations and companies via the bad press and financial costs, make the company involved settle such as adding restrictions to resellers and marketing and payment of lawyers fees, and sometimes just for the discovery process to lay the grounds for future litigation. See this NY Times story about the case that focuses on the plaintiff's goals for discovery for example https://www.nytimes.com/2019/04/08/nyregion/sandy-hook-gun-lawsuit.html
As much as anything, this lays the groundwork for Dems to try to repeal the law once they regain power in Congress and/or the White House by focusing on "evil gun companies and retailers". What these folks hope to do is bankrupt the firearms industry the same way that tobacco was attacked which also gives the attorneys involved gobs of money.

Since I suspect that the litigation is getting funded by deep pocketed billionaires with an anti-gun fixation (cough short former NYC mayor guy among others), it is viewed as conscious raising with the possibility of a win. Whether the suit wins or loses ultimately, it was designed to generate bad press, keep the CT massacre in the public eye, advance Democratic policy initiatives in building support to repeal the law, and put gun manufacturers and retailers on notice of future litigation.
 
If I remember the time rightly--and that is subject to question--the only rulings on this case have been on pretrial motions.
That, there has not been a local level trial begun.

Now, it's my understanding that a motion to summarily (?) dismiss was ruled against at the local level, overturned at the appellate level, then the appeal overturned by the CT Supreme Court.

That the CTSC found no procedural reason reason for the appellate decision to stand. Which as I understood it as based on a decision to have a trial to decide the facts, rather than decide the thing on pretrial motions. Or cleaving to the adversarial process of law.

Now, I probably have more than a bit sideways, but to appeal the CTSC decision would be to advance this to the Circuit Court level, not to SCOTUS. And, that would take having to press quite the case that CT's Supreme Court erred in deciding to have a trial, rather than upholding the appellate court's dismissal.

If the civil trial is allowed to proceed, it might not see a conclusion for several years. And, that decision would likely be appealed, taking yet more years.

But, that's just this layperson's gist of it, and may have several (or even many) hiccups within it.
 
If I remember the time rightly--and that is subject to question--the only rulings on this case have been on pretrial motions.
That, there has not been a local level trial begun.

Now, it's my understanding that a motion to summarily (?) dismiss was ruled against at the local level, overturned at the appellate level, then the appeal overturned by the CT Supreme Court.

That the CTSC found no procedural reason reason for the appellate decision to stand. Which as I understood it as based on a decision to have a trial to decide the facts, rather than decide the thing on pretrial motions. Or cleaving to the adversarial process of law.

Now, I probably have more than a bit sideways, but to appeal the CTSC decision would be to advance this to the Circuit Court level, not to SCOTUS. And, that would take having to press quite the case that CT's Supreme Court erred in deciding to have a trial, rather than upholding the appellate court's dismissal.

If the civil trial is allowed to proceed, it might not see a conclusion for several years. And, that decision would likely be appealed, taking yet more years.

But, that's just this layperson's gist of it, and may have several (or even many) hiccups within it.

No, all appeals go to the Supreme Court that originated in state court systems on issues that have a federal question (I am leaving out things were the action starts in state court and then is moved to federal (usually diversity of citizenship cases, equity actions dealing with federal questions, or habeas actions). Exhaustion doctrine usually requires some finality in the state court system's action before taking your appeal to Scotus though. A ruling by a state's court of last resort or in some cases by a state's intermediate appellate court that the state's court of last resort denied an appeal is usually enough. In this case, the CT Supreme Ct. issued a reversal of a trial court dismissal of Remington from the case and Remington is going to the U.S. Supreme Court to reverse the CT Supreme Court's reversal. That is why the case history section exists in appellate opinions at the beginning so you can keep the rulings straight.

The parallel federal court system though can try civil cases that have a diversity of citizenship using state law to do it. Thus, on appeals, you can have federal courts of appeal certifying questions on state law to state supreme courts to rule upon in order to resolve an appeal of a federal district court's diversity jurisdiction case involving state law. Then there are cases that originate and end in the federal system only.

What this involves what is called summary judgment of a CT. Superior Court (state trial court) that ruled federal law barred suing Remington in state court so it dismissed them as defendant. The CT Supreme Court reversed the ruling in part while dismissing a lot of plaintiff claims but sent it back to CT Superior Court for a trial with Remington restored as a defendant for I believe their marketing strategy which the CT Supreme Court ruled was not protected by the PLCAA. Thus, plaintiffs could begin discovery of all Remington marketing including correspondence with gunmags, retailers, gunwriters, ad agencies, gun rights organizations, etc. etc. IN part, that is their goal as the antigunners are into using information for extortion, punishment through lawfare, and profit (like some papers printing names and addresses of everyone who had concealed licenses).

Thus, Remington is raising an U.S. Supreme Court appeal of the CT Supreme Court's reversal of the district court ruling that the PLCAA required dismissing Remington as a defendant in the case (which would be a final judgment from that trial court). Remington is arguing that the CT Supreme Court interpreted the PLCAA incorrectly based on precedents from other courts and the trial court's decision to dismiss was correct under the federal law.
 
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