Update in the Bushmaster et al. lawsuit. Although the case was removed to federal court back in January, the plaintiffs have filed a Motion for Remand back to the Connecticut state court. It does not look like the plaintiffs’ Motion should be successful, but the fight over jurisdiction could continue for awhile. The plaintiffs are fighting hard to get this back to state court.
At least some of the defendants will to file a Motion to Dismiss based upon the PLCAA and for failure to state a claim – FRCP 12(b)(6).
I think their strategy is just to waste time and force the other side to keep running up the legal fees. Maybe then they can hope for a settlement? I can’t really see them succeeding on their bizarre theory of negligent entrustment (that essentially selling AR-15s to civilians at all is negligent entrustment), unless they completely luck out by drawing the most severe of Obama appointed hacks to preside over the case.