Court to hear Sandy Hook appeal

NEWTOWN — Ten Sandy Hook families appealing to have their lawsuit against the nation’s oldest gunmaker revived will have their case heard in the state’s highest court in mid-November.

The Connecticut Supreme Court will begin hearing arguments Nov. 14 about the families’ wrongful death lawsuit against Remington, which was dismissed in state Superior Court in 2016.

The families of victims of the 2012 shooting at Sandy Hook Elementary are suing Remington, a distributor and a retailer, claiming the company negligently entrusted an AR-15-style rifle to the civilian market and ignored the risks it would be misused.

On Dec. 14, 2012, 20-yearold Adam Lanza took his mother’s AR-15-style rifle from an unlocked closet and killed 20 first-graders and six educators at the school.

A Superior Court judge dismissed the lawsuit last year, ruling Remington was protected by a federal law that shields the gun industry from most liability when its firearms are misused.

Among supporters is a group of trauma surgeons who treated victims of four of the nation’s deadliest mass shootings. Those doctors petitioned the Supreme Court in spring to reinstate the families’ lawsuit.

The gun industry’s trade organization and the largest gun-owners group in Connecticut have rallied behind Remington. The Newtownbased National Shooting Sports Foundation and the Connecticut Citizens Defense League asked the Supreme Court this summer to uphold the lower court ruling, arguing the shooter, not the gun maker, was responsible for the crime.

The appeal will be heard by a seven-member panel of judges, because the families’ lead attorney, Joshua Koskoff, requested an “en banc” hearing of all seven judges earlier this month.

The problem is the Supreme Court only has five active members. Justice Dennis Eveleigh reached the mandatory retirement age of 70 earlier this month. Justice Carmen Espinosa reached senior judge status in July.

Gov. Dannel P. Malloy earlier this month nominated two judges from state Appellate Court to fill the vacancies. Those picks — Raheem Mullins and Maria Araujo Kahn — have not been confirmed by the state legislature.

To comply with the families’ request, two Appellate Court judges will be brought up to hear the case.

Koskoff was in court Wednesday and was not immediately available to comment.

A legal observer said Koskoff was trying to maximize his chances of a favorable hearing.

“A panel of seven means you will have more people to hear your case who can be persuaded,” said Timothy Everett, a law professor at the University of Connecticut.