Following up on an earlier post today, after seeing the opinion online and reading it, it’s not as bad as it first appeared. I should have waited. The Court in Connecticut did not reach any decisions on the merits of the PLCAA claim. If I’m reading this correctly, the Court ruled that the Remington’s et al’s assertion that the court had no jurisdiction over the case was incorrect, and if they wanted to make their claim they would have to do so in a Motion to Strike, rather than a Motion to Dismiss.
PLCAA reads, “A qualified civil liability action may not be brought in any Federal or State court.” The defendants tried to argue that this means the state court had no jurisdiction over the case at all since it’s not a qualified civil liability action. But the judge ruled that many of the defendants claims speak to the legal sufficiency of the plaintiff’s complaint, and if they are going to argue legal sufficiency, they can’t do that in a Motion to Dismiss which argues that the Court in question has no jurisdiction to hear such arguments.
I don’t know Connecticut’s rules, but it would seem that Remington’s attorneys can take another bite of the PLCAA apple without having to go to trial to do it.