Individuals who were injured in a mass shooting at the 2024 Kansas City Chiefs' Super Bowl parade and the event's organizers asked a Missouri federal court to toss an insurer's bid to escape coverage, arguing that the carrier's suit should be dismissed due to a related state court case.

In separate motions to dismiss filed Friday, the shooting victims and event organizers said The Cincinnati Specialty Underwriters Insurance Co.'s consolidated coverage dispute should be dismissed in favor of a parallel consolidated state court action in Jackson County, Missouri, involving the same parties and the same insurance policy.

"Both the consolidated federal actions and the consolidated Jackson County actions ask the same questions — what are Cincinnati's obligations under the policy?"  the event organizers said. "This overlapping inquiry, being litigated among the same parties in different forums, creates parallel proceedings."

The event organizers include the Greater Kansas City Sports Commission, or GKCSC, which was the named insured under a special event commercial general liability policy issued by Cincinnati, as well as O'Neill Events and Marketing; Flyover Event Co. LLC; and the city of Kansas City, Missouri.

The victims, including Erika Reyes, Kathleen Martinez, Esmeralda Ortiz, James Lemons and Abigail Salas-Zarate, contended that resolution of the state court action will fully resolve the federal action and that the state court has priority to hear the case under the doctrine of abatement.

The dispute stems from the shooting that occurred during the February 2024 event celebrating the Kansas City Chiefs' win over the San Francisco 49ers in Super Bowl LVIII. One person was killed in the shooting, and 23 others were injured.

Four suits were filed by the victims against the GKCSC in Missouri state court between March and June of this year, according to court filings. The GKCSC in turn filed a third-party complaint against Cincinnati and the other event organizers.

Between May and July, Cincinnati filed four separate suits in the Western District of Missouri, seeking a declaration that it has no duty to defend or indemnify the event organizers against the state court suits. The federal court suits were consolidated in September, and the state court suits were consolidated Oct. 22, according to court filings.

Both sets of defendants argued Friday that dismissal of the federal action is warranted under the U.S. Supreme Court's so-called Wilton/Brillhart abstention doctrine, which gives federal courts broad discretion to decline jurisdiction.

"This court has repeatedly applied the Wilton/Brillhart abstention doctrine where parallel actions are pending in state court," the event organizers said, pointing to a recent example in which the court tossed another case brought by Cincinnati due to two pending state court actions involving Missouri insurance law.

The victims asserted that the six factors outlined in the Eighth Circuit's 2005 ruling in Scottsdale Insurance Co. v. Detco Industries Inc. favor dismissal as well. The factors include, for example, whether the declaratory judgment sought will serve a useful purpose in settling the legal issues and the strength of the state's interest in the dispute.

"Most apparent, this action appears to be procedural fencing to gain a federal forum advantage," the victims said. "Cincinnati filed this federal declaratory judgment action one week after the state court declaratory judgment action was filed, raising identical issues in hopes of securing what it believes is a more favorable federal forum. This is quintessential gamesmanship."

Representatives of the parties did not immediately respond to requests for comment Monday.

Cincinnati is represented by Michael L. Brown, Anthony M. Hernandez and Chad L. Whitney of Litchfield Cavo LLP.

GKCSC is represented by Bernard J. Rhodes, Robyn L. Anderson and Elizabeth D. Hatting of Lathrop GPM LLP.

The city is represented by Jason C. Conkright and Tara Kelly of the Office of the City Attorney.

Flyover is represented by Corey Kraushaar of Brown & James PC.

O'Neill Events is represented by Brian G. Boos of Foulston Siefkin LLP.

Lemons is represented by Scott A. Shachtman of The Shachtman Law Firm.

Reyes, Martinez and Ortiz are represented by Patrick J. Stueve, Tanner J. Edwards, Stefon J. David and Caleb J. Wagner of Stueve Siegel Hanson LLP.

Salas-Zarate is represented by M. Blake Heath and Brice C. Barnard of Heath Injury Law LLC.

The case is The Cincinnati Specialty Underwriters Insurance Co. v. The Greater Kansas City Sports Commission et al., case number 4:25-cv-00371, in the U.S. District Court for the Western District of Missouri.