Same reason that, for instance, state libel lawsuits stay in
state court even when there’s a federal First Amendment defense. “[I]t is now
settled law that a case may not be removed to federal court on the basis of a
federal defense, including the defense of pre-emption, even if the defense is
anticipated in the plaintiff's complaint, and even if both parties concede that
the federal defense is the only question truly at issue.” Caterpillar, Inc. v.
Williams (1987),
https://scholar.google.com/scholar_case?case=1945964317752725102
Eugene
From: firearmsregprof-boun...@lists.ucla.edu
[mailto:firearmsregprof-boun...@lists.ucla.edu] On Behalf Of Olson, .
Sent: Monday, February 22, 2016 4:34 PM
To: Henry Schaffer <h...@unity.ncsu.edu>
Cc: List Firearms Reg <firearmsregprof@lists.ucla.edu>
Subject: Re: Sandy Hook parents suit against Remington
The coverage and meaning of the PLCA is a FEDERAL question. What is it doing
in state court?
On Feb 22, 2016 18:19, "Henry Schaffer"
<h...@unity.ncsu.edu<mailto:h...@unity.ncsu.edu>> wrote:
http://www.npr.org/sections/thetwo-way/2016/02/22/467688334/ar-15-gun-maker-seeks-to-dismiss-lawsuit-filed-by-sandy-hook-parents
All I know is that I heard this item today - and the emphasis was on how the
*style* of the rifle indicated that Remington shouldn't have manufactured it
for sale into the civilian market and therefore that the 2005 Protection of
Lawful Commerce and Arms Act shouldn't apply.
I read a number of the comments and again the style was frequently mentioned.
The above has links to a number of news sources, I didn't see any to court
documents.
--henry schaffer
_______________________________________________
To post, send message to
Firearmsregprof@lists.ucla.edu<mailto:Firearmsregprof@lists.ucla.edu>
To subscribe, unsubscribe, change options, or get password, see
http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof
Please note that messages sent to this large list cannot be viewed as private.
Anyone can subscribe to the list and read messages that are posted; people can
read the Web archives; and list members can (rightly or wrongly) forward the
messages to others.
_______________________________________________
To post, send message to Firearmsregprof@lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see
http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof
Please note that messages sent to this large list cannot be viewed as private.
Anyone can subscribe to the list and read messages that are posted; people can
read the Web archives; and list members can (rightly or wrongly) forward the
messages to others.
