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.
Supreme Court Grants Cert in Smith & Wesson v. Mexico
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…
Continue ReadingMexico’s Claims Against Gun Manufacturers Suffer a Personal Jurisdiction Setback
In 2021, Mexico sued seven U.S. gun manufacturers in federal district court for the District of Massachusetts, alleging that they design, market, and sell guns in ways that they know will arm Mexican drug cartels. As described in an earlier post, the First Circuit held that some of Mexico’s claims were not barred by the…
Continue ReadingAnother Victory for Mexico in Guns Litigation
Still flush with success from its win at the First Circuit against U.S. gun manufacturers, Mexico has scored a new victory in federal court—this time, against U.S. gun dealers. In Estados Unidos Mexicanos v. Diamondback Shooting Sports, Inc., the U.S. District Court for the District of Arizona (Judge Rosemary Márquez) ruled that Mexico could move…
Continue ReadingMexico’s Lawsuit against U.S. Gun Makers Opens a New Front in the War Against Firearm Industry Immunity
In 2021, the Government of Mexico filed a lawsuit against U.S. firearm manufacturers demanding $10 billion in damages for the industry’s role in facilitating illegal cross-border gun trafficking and seeking injunctive relief to change the way gun makers do business. Mexico’s lawsuit had to confront the industry’s notorious federal immunity shield—the Protection of Lawful Commerce…
Continue ReadingFirst Circuit Allows Some of Mexico’s Claims Against Gun Manufacturers to Move Forward
Mexico has strict gun laws. There is one gun store in the country, and Mexico issues fewer than fifty gun permits a year. Yet Mexico has the third most gun-related deaths in the world because it borders the United States. An estimated half million guns flow from the United States into Mexico each year. In…
Continue ReadingDistrict Court Dismisses Mexico’s Suit Against U.S. Gunmakers
Last week, the federal district court for the District of Massachusetts (Chief Judge Dennis Saylor) dismissed a complaint brought by Mexico against seven U.S. gun manufacturers and one distributor. According to the complaint, the defendants design, market, and sell guns in ways they know will arm Mexican drug cartels. Mexico has strict gun laws, but an…
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