Supreme Court Grants Cert in Smith & Wesson v. Mexico

 

“Smith & Wesson” by ZORIN DENU

is licensed under CC BY-NC-ND 2.0.

This morning, the Supreme Court granted cert in Smith & Wesson Brands v. Estados Unidos Mexicanos. As regular readers will know, Mexico sued Smith & Wesson and other gun manufacturers in federal district court of the District of Massachusetts, alleging that defendants design, market, and sell guns in ways they know will arm Mexican drug cartels. The district court held that Mexico’s claims were barred by the Protection of Lawful Commerce in Arms Act (PLCAA). But the First Circuit reversed, holding that some of Mexico’s claims fit within PLCAA’s “predicate” exception. The questions presented have to do with the predicate exception, specifically whether Mexico has sufficiently alleged that the manufacture and sale of guns in the United States proximately caused Mexico’s injuries and constituted aiding and abetting firearms trafficking in violation of federal law.

Monday is the start of the Supreme Court’s October 2024 Term, and TLB will have a special post discussing the transnational litigation cases that the Court has granted and those that are in the pipeline.