Following the strategy used in legal actions against cigarette and opioid firms, the lawsuits attempt to sidestep a law shielding gun makers
accusing the manufacturer of the semi-automatic pistol used in the attack, Glock, of breaching “public nuisance” laws.
“Gun manufacturers do not live in a bubble,” said Mark Shirian, Steur’s lawyer. “They are aware that their marketing strategies are empowering purchasers with ill intent and endangering the lives of innocent people. This lawsuit seeks to hold the gun industry accountable.” But a lawsuit by the families of 20 young children and six staff murdered in the 2012 Sandy Hook elementary school massacre sought to exploit an exception in PLCAA if a firearm is sold in violation of “applicable” state or federal law, in this case public nuisance and consumer protection legislation.
But, Lytton said, legal actions against the gun industry face an additional challenge because of the supreme court’s interpretation of the second amendment and the rights it gives to gun owners, a legal area that has also yet to be more widely tested. “The impact of litigation is not just about who wins and who loses. It’s about the framing, information disclosure and agenda-setting effects that the litigation process creates even if the plaintiffs lose. A great example of that is clergy sexual abuse.
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