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.
This book describes the changed legal landscape for governments and private citizens to sue gun industry defendants for contributing to and sustaining the gun violence epidemic in the US and Mexico. It is a valuable resource for leaders in state governments, public health advocates, and the legal profession.
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Describes the changed legal landscape for holding the gun industry accountable for gun violence in the US and Mexico.
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.
Linda S. Mullenix holds the Morris and Rita Atlas Chair in Advocacy at the University of Texas School of Law. Mullenix has been a Supreme Court Fellow, a scholar-in-residence at the Rockefeller Foundation in Bellagio, Italy, and held the Fulbright Senior Distinguished Chair in Law (Trento, Italy). She is an elected Life Member of the American Law Institute, the Texas Bar Foundation, and the American Bar Foundation. She is the author of Public Nuisance: The New Mass Tort Frontier (Cambridge University Press 2024).
