The lawsuit was announced Tuesday by attorneys for the parents a victim and the Brady Center to Prevent Gun Violence.
Aurora Theater Shooting
The justices did not comment on Tuesday, leaving in place a decision by New York's top appellate court that shielded Fox News reporter Jana Winter from being called to testify in a Colorado court.
Petra Hogan talks about her music and her recovery after sustaining a shotgun pellet in the brain during the mass shooting at a Aurora movie theater in 2012.
Lawyers for accused Aurora theater shooter James Holmes are appealing a judge's decision to conduct a second psychiatric evaluation of their client.
Families of Aurora Theater shooting victims reacted with outrage Wednesday to news that a photo related to the shooting was being used in a new political attack ad.
In closed door hearings that started Monday, the prosecution will argue that their own experts should be allowed to examine James Holmes.
A reporter for the Fox News Channel faced possible jail time for protecting the identity of news sources who told her sensitive details about the alleged Aurora theater shooter.