Mexico's $10 Billion Lawsuit Against US Gun Manufacturers To Proceed, Appeals Court Rules
A $10 billion lawsuit by Mexico against U.S. gunmakers, alleging that the companies “deliberately” enabled firearms trafficking into the country, can move forward, an appeals court has ruled.
The lawsuit, filed by the Mexican government against seven American manufacturers and a distributor in 2021, alleged that the companies “deliberately facilitate gun trafficking” into Mexico, according to the Jan. 22 ruling issued by the U.S. Court of Appeals for the 1st Circuit.
The complaint was initially filed at the federal district court in Massachusetts, which dismissed the lawsuit after deciding that U.S. gun companies were protected by the Protection of Lawful Commerce in Arms Act (PLCAA) against Mexican claims.
The PLCAA prohibits certain lawsuits against gun manufacturers and sellers in U.S. federal and state courts. The appeals court agreed that “PLCAA’s limitations on the types of lawsuits that may be maintained in the United States apply to lawsuits initiated by foreign governments for harm suffered outside the United States.”
However, the appeals court observed that Mexico’s complaint potentially alleges a type of claim that could be “statutorily exempt” from PLCAA rules.
“We therefore reverse the district court’s holding that the PLCAA bars Mexico’s common law claims, and we remand for further proceedings,” the court stated.
“We conclude that the complaint adequately alleges that defendants aided and abetted the knowingly unlawful downstream trafficking of their guns into Mexico.”
The lawsuit seeks $10 billion in compensation.
Jonathan Lowy, president of Global Action on Gun Violence and co-counsel for the Mexican government in the case, welcomed the appeals court decision.
“Today’s ruling is a huge step forward in holding the gun industry accountable for its contribution to gun violence, and in stopping the flood of trafficked guns to the cartels,” he said in a Jan. 22 statement.
“Not only did the Court recognize the right of another country to sue U.S. gun companies, it also pierced the unfair legal shield that gun companies have been hiding behind since 2005.”
https://www.zerohedge.com/geopolitical/mexicos-10-billion-lawsuit-against-us-gun-manufacturers-proceed-appeals-court-rules