The court questioned both sides about applying Timberwalk’s foreseeability rubric versus the Delago framework for escalatory incidents; counsel debated whether mass shootings require a different test or more detailed pleadings and discovery.

In the Simon Property Group argument, relators urged dismissal under Rule 91(a), saying the plaintiffs' complaint failed to plead the required legal duty; plaintiffs argued Timber Walk factors and urged the court to allow discovery to test claims about foreseeability and repeated incidents at the defendant's properties.

Judge allows defendants to challenge default judgment in serious premises liability lawsuit.