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.
Looks like the cartels have found another way to profit from their own violence. Because anyone who thinks a penny of this will go anywhere else is smoking their product.
No standing....
Start with suing Aberdeen Proving Ground.
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.
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Well, the US weapons are marked in English - Safe, Fire, etc.
And we know this is because English is the chosen, spoken language of the drug cartel.
And sometimes the paint the end of the barrel orange. This is so drug cartels can know which end shoots.
The scapegoat for the failure against organized crime. When the president of Mexico began his “reign” he created a motto with words that rhyme in Spanish... “hugs and not bullets... but his hugs failed and now he is looking for someone to pay for his mistake.”
BRING BACK JAMES KNOX POLK. He knew how to deal with Mexico.
Operation fast & furious & we still don’t know were the money went when Eric Holds sold weapons from referral government inventory & was marked as such for cash!
I got no problem with that. Mexico is a failed state at best. Full of low-class scum that the civilized world shouldn't have anything to do with. They are so stupid, they can't even extract oil from the ground without the assistance of white folk, like pretty much everywhere in the world. It sucks that this shithole is on our southern border. It is past time to tell mexico, and their criminal government to piss off.
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