Smith & Wesson Brands v. Estados Unidos Mexicanos is not a case brought against a foreign state but rather a case brought by a foreign state. As regular readers will recall, 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. On remand, the district court dismissed the claims against all the gun makers other than Smith & Wesson for lack of personal jurisdiction.

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.