Full Description
Outgunned No More comprehensively addresses the changed legal landscape under which governments and private citizens can sue the gun industry for contributing to and sustaining the gun violence epidemic in the US and Mexico. The book canvasses federal and state efforts to regulate firearms through gun control measures, arguing that these regulatory measures have proven ineffective to stem gun violence. Instead, recourse to robust consumer protection and mass tort litigation provides the best avenue for holding the firearms industry accountable. Chapters highlight three important interventions: the 1998 Tobacco Master Settlement Agreement, the Connecticut Sandy Hook Elementary School litigation, and the recent enactment of consumer protection and public nuisance firearms statutes in nine states. These innovative statutes have created an avenue for litigation that overcomes the firearm industry's historical immunity. Outgunned No More concludes that a firearms mass tort litigation, modeled after the resolution of claims in the tobacco industry, is the best path forward.
Contents
1. Limited Effective Firearms Regulation and the Second Amendment Challenge to Gun Control; 2. Suing the Firearms Industry: The Failure of Traditional Tort Litigation Through the Twenty-First Century; 3. The 1998 Tobacco Master Settlement Agreement: A New Mass Tort Paradigm and Lessons from Tobacco for Firearms Accountability; 4. The Firearms Industry Strikes Back: Protection of Lawful Commerce in Arms Acts (PLCAA); 5. The Third Wave of Firearms Litigation: The Futility of Suing Gun Defendants Under PLCAA; 6. Inroads into LCAA: The Sandy Hook Elementary School Litigation and the Predicate Statute Exception; 7. Zellnor Myrie and the First New York and New Jersey Firearms Public Nuisance Statutes; 8. California, Colorado, Delaware, Hawaii, Illinois, Maryland, and Washington: Further Firearms Public Nuisance and Industry Accountability Initiatives; 9. The Extraterritoriality of Firearms Accountability: Mexico Sues the Firearms Industry; 10. Firearms Industry Accountability: The Emerging Mass Tort Litigation.
