Posted on 02/27/2024 8:56:25 AM PST by Impala64ssa
The lawsuit, which a federal appeals court recently ruled can move forward, relies on similar theories about dangerous product design, irresponsible marketing and reckless distribution as in opioid litigation, a law professor writes.
legally responsible for the criminal activity of others is precisely the type of lawsuit that the federal immunity shield was designed to block. They argue that merely selling a product that someone later uses in a crime does not amount to a violation of federal law that would deprive a manufacturer of immunity. Additionally, the gun-makers assert that, even if Mexico’s lawsuit were not barred by the immunity law, they have no legal duty to prevent criminal violence that occurs outside the U.S.
High stakes for gun manufacturers In January 2024, a federal appeals court in Massachusetts decided that Mexico’s allegations, if true, would deprive the gun-makers of immunity, and it sent the case back to trial court. Mexico now needs to produce evidence to prove its allegations that the industry is not only aware of but actively facilitates illegal gun trafficking.
Additionally, to win, Mexico will need to convince a Boston jury that the manufacturers’ design choices, marketing campaigns and distribution practices are closely enough connected to street crime in Mexico to consider the companies responsible for the problem. This is known as “proximate cause” in the law.
For their part, the gun-makers have asked the trial judge to put the case on hold while they pursue an appeal to the U.S. Supreme Court. However, the Supreme Court has been reluctant to weigh in on gun industry cases until they have reached their conclusion in the lower courts, where most of them are dismissed and a few have settled.
If Mexico does win at trial, its demand for $10 billion in damages could drive several of the nation’s largest firearm manufacturers into bankruptcy. Even if the case were to settle for much less, a victory by Mexico would provide a template for a wave of future lawsuits that could change the way the gun industry operates.
Similar theories about dangerous product designs, irresponsible marketing and reckless distribution practices in opioid litigation have transformed the pharmaceutical industry. Civil lawsuits have forced the drugmakers to take public responsibility for a nationwide health crisis, overhaul the way they do business and pay billions of dollars in judgments and settlements.
Mexico’s lawsuit holds out the prospect that the gun industry could be next.
Maybe they should extradite Eric Holder.
L
The problem:
It’s not OUR guns,
It’s YOUR sons.
Fexico
They provide the cartels, they provide the drugs... but it’s our fault.
Lessee: cartels, fentanyl, floods of illegals- so why not invade and seize? Russia did it - bet we can do it better and problems are solved.
By all means. Let’s give those mongrels trillions in reparations in addition to the trillions we’ve already given them to combat gloBull warming in Alaska. My grandkids aren’t going to have enough to do to pay off our debt. Let’s make it harder.
so they should sell low-powered weapons?
how about cap guns?
maybe with a special background check and license you will still be able to give your kid a bb gun for Christmas?
or maybe not?
these people are lunatics
The manufacturers should name Obama and Holder for the Fast & Furious gun running operation.
Are they suing the AFT too?
The cartels control much of Mexico.
A Boston jury might go along with Mexico on this.
Maybe Mexico should build a wall to keep all those US guns out of Mexico.
Here’s an idea: Take the money you’d spend on a legal action against the US and spend it on stopping illegals from using your boarder as a launch point for smuggling people and drugs into the US.
Indeed, launch such a suit and we will launch one against you for drug trafficking, suing you for $1 million for each drug-related death over the past 50 years.
Put that in your pipe and smoke it.
Unless it's drugs.
Lets sue the Mexican government then for failure to prevent mass exodus of drugs and killers and child sex slaves from their country to ours.
BINGO! Well said!
Of course. But, no one has the nerve to try.
As to Mexico’s actions, this is quidproquo for BeijingBiden. He allows criminals across theborder and drugs. So, Mexico agrees to persecute US companies for the actions of Mexican criminals.
The next phase of gun control with the Biden regime. Now Biden and Merrick are getting international help.
I like that!
They should sue themselves, they are the ones who allow the cartels to thrive since they are all bought and paid for by them.
Death and chaos is the point. Keeps everyone off-guard and not paying attention to the organized governmental corruption that is happening.
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