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Mexico v. Smith & Wesson: Judge Dismisses Complaint Citing PLCAA and Standing Issues

Document Type

Article

Publication Date

2022

Publication Title

American Society of International Law (ASIL) Insights

Abstract

In August of 2021, Mexico brought a lawsuit against seven gun manufacturers and one gun wholesaler in the U.S. District Court for the District of Massachusetts.[1] The case elicited substantial commentary, including in the present forum,[2] for the novelty of the legal theories evoked, the international law issues raised, and the possible ramifications of the lawsuit. The court dismissed all of Mexico's claims, primarily based on the Protection of Lawful Commerce in Arms Act (PLCAA). This Insight reviews the court's decision, highlights some weaknesses particularly with respect to the extraterritoriality analysis, and explores what may come next in this case and the broader accountability effort.

Keywords

Protection of Lawful Commerce in Arms Act (PLCAA), Transnational Tort, Mexico, Gun Violence, Gun Litigation

Publication Citation

Leila Nadya Sadat and León Castellanos-Jankiewicz, Mexico v. Smith & Wesson: Judge Dismisses Complaint Citing PLCAA and Standing Issues, ASIL Insights (Dec. 20,2022)

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