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DANIEL v. ARMSLIST, LLC

Appeal No. 2017AP344.

913 N.W.2d 211 (2018)

2018 WI App 32

Yasmeen DANIEL, individually, and as Special Administrator of the Estate of Zina Daniel Haughton, Plaintiff-Appellant, Travelers Indemnity Company of Connecticut, as Subrogee for Jalisco's LLC, Intervening Plaintiff, v. ARMSLIST, LLC, an Oklahoma Limited Liability Company, Brian Mancini and Jonathan Gibbon, Defendants-Respondents, Broc Elmore, ABC Insurance Co., the fictitious name for an unknown Insurance company, DEF Insurance Co., the fictitious name for an unknown insurance company and Estate of Radcliffe Haughton, by his Special Administrator Jennifer Valenti, Defendants, Progressive Universal Insurance Company, Intervening Defendant.

Court of Appeals of Wisconsin.

Filed April 19, 2018.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Patrick O. Dunphy and Brett A. Eckstein of Cannon & Dunphy, S.C., Brookfield, and Jonathan E. Lowy and Alla Lefkowitz of Brady Center To Prevent Gun Violence Legal Action Project, Washington, DC, and Jacqueline C. Wolff , Arunabha Bhoumik , and Samantha J. Katze of Manatt, Phelps & Phillips, LLP, New York, NY.

On behalf of the defendants-respondents, the cause was submitted on the brief of Eric J. Van Schyndle and Joshua D. Maggard of Quarles & Brady LLP, Milwaukee, and Michael D. McClintock , Christopher M. Scaperlanda , and Zachary A.P. Oubre of McAfee & Taft, Oklahoma City, OK.

A nonparty brief was filed by Crystal N. Abbey of Menn Law Firm, Ltd., Appleton, and Michael J. Dell and Karen S. Kennedy of Kramer Levin Naftalis & Frankel LLP, New York, NY, for Everytown for Gun Safety.

A nonparty brief was filed by Brian T. Fahl of Kravit , Hovel & Krawczyk, S.C., Milwaukee, and Anthony J. Dreyer , Elizabeth A. Hellmann and Naomi S. Solomon of Skadden, Arps, Slate, Meagher & Slate, LLP, New York, NY, for National Coalition Against Domestic Violence, National Domestic Violence Hotline, Futures Without Violence, Jewish Women International, Casa de Esperanza: National Latin@ Network, National Resource Center on Domestic Violence, and National Network to End Domestic Violence.

A nonparty brief was filed by Keith R. Stachowiak of Murphy & Prachthauser, S.C., Milwaukee, and Ian B. Crosby of Susman Godfrey L.L.P., Seattle, WA, for Yaser Doleh, PH.D.

Before Lundsten, P.J., Blanchard, and Fitzpatrick, JJ.

¶ 1 This is a tort action arising from a mass casualty shooting at a salon in Brookfield, Wisconsin. It is alleged that the shooter, Radcliffe Haughton, bought the firearm and ammunition he used in the shooting after responding to a "for sale" post that appeared on a website, Armslist.com. Yasmeen Daniel, the daughter of shooting...

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