DANIEL v. ARMSLIST, LLC

No. 2017AP344.

926 N.W.2d 710 (2019)

2019 WI 47

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-Petitioners, 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.

Supreme Court of Wisconsin.

Opinion Filed: April 30, 2019.


Attorney(s) appearing for the Case

For the defendants-respondents-petitioners, there were briefs filed by Eric J. Van Schyndle , Joshua D. Maggard , James E. Goldschmidt , and Quarles & Brady LLP, Milwaukee. There was an oral argument by James E. Goldschmidt.

For the plaintiff-appellant, there was a brief filed by Patrick O. Dunphy , Brett A. Eckstein , and Cannon & Dunphy, S.C., Brookfield. With whom on the brief were Jacqueline C. Wolfe , Samantha J. Katze , and Manatt, Phelps & Phillips, LLP, New York, New York; along with Jonathan E. Lowy and Brady Center To Prevent Gun Violence, Washington, D.C. There was an oral argument by Jonathan E. Lowy.

An amicus curiae brief was filed on behalf of National Coalition Against Domestic Violence, End Domestic Abuse Wisconsin: The Wisconsin Coalition Against Domestic Violence, Legal Momentum, Et al. by Brian T. Fahl , and Kravit, Hovel & Krawczyk, S.C., Milwaukee. With whom on the brief were Anthony J. Dreyer and Skadded, Arps, Slate, Meagher & Flom LLP, New York, New York.

An amicus curiae brief was filed on behalf of Everytown for Gun Safety by Crystal N. Abbey and Menn Law Firm, LTD., Appleton. With whom on the brief were Michael J. Dell , Karen S. Kennedy , and Kramer Levin Naftalis & Frankel LLP, New York, New York.

An amicus curiae brief was filed on behalf of Floor64, Inc., D/B/A The Copia Institute by Kathryn A. Keppel , Steven C. McGaver , and Gimbel, Reilly, Guerin, & Brown LLP, Milwaukee. With whom on the brief was Catherine R. Gellis, Esq. , Sausalito, California.

An amicus curiae brief was filed on behalf of Cyber Civil Right Initiative and Legal Scholars by Jeffrey A. Mandell , Gregory M. Jacobs , and Stafford Rosenbaum LLP, Madison.

An amicus curiae brief was filed on behalf of American Medical Association and Wisconsin Medical Society by Guy DuBeau and Axley Brynelson, LLP, Madison. With whom on the brief were Leonard A. Nelson , Erin G. Sutton , and American Medical Association, Chicago, Illinois.

An amicus curiae brief was filed on behalf of Computer and Communications Industry Association by Andrew T. Dufresne and Perkins Coie LLP, Madison. With whom on the brief were Brian M. Willen , Jason B. Mollick , and Wilson Sonsini Goodirch & Rosati Professional Corporation, New York, New York.

An amicus curiae brief was filed on behalf of Members of the United States Congress on the Meaning of the Communications Decency Act by Emily Lonergan , John C. Peterson , and Peterson, Berk, & Cross, S.C., Appleton. With whom on the brief were Gregory M. Dicknson and Harter Secrest & Emery LLP, Rochester, New York.

An amicus curiae brief was filed on behalf of Electronic Frontier Foundation by Peyton B. Engel , Marcus J. Berghahn , and Hurley Burish, S.C., Madison.


¶ 1 We review a decision of the court of appeals1 reversing the circuit court's2 dismissal of Yasmeen Daniel's complaint against Brian Mancini, Jonathan Gibbon, and Armslist, LLC (collectively "Armslist"). Daniel's tort action arose from a mass shooting...

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