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Tort Claims

PLCAA’s Constitutionality: Gustafson v. Springfield

Posted by on August 25, 2021

Yesterday, the Pennsylvania Superior Court sitting en banc heard oral arguments in Gustafson v. Springfield Inc., et al. This is a rehearing en banc in a case in which the original appellate panel became the first court (at least of which I am aware) to declare the Protection of Lawful Commerce in Arms Act (PLCAA) […]

Upcoming Conference on Firearms Litigation

Posted by on November 25, 2020

On December 1st, the Center on Civil Justice at NYU School of Law is hosting what will be a very fascinating conference: Firearms Litigation: Liability, Regulation, and the Constitution. We are delighted to team up with the Center on Civil Justice and co-cosponsor the event with the Solomon Center for Health Law and Policy at […]

“The Gun Subsidy”—A New Approach to Combating Gun Violence

Posted by and on May 28, 2020

After Columbine, Aurora, Newtown, Las Vegas, Orlando, and nearly 40,000 gun deaths annually—with no meaningful legislative reform in sight—it has become abundantly clear that a new approach to gun violence is needed. Combating gun violence has become politically polarized, constitutionalized, and an object of pessimism and despair. The answer, we believe, is changing political incentives […]

Torts, Insurance, and Mass Shootings

Posted by on February 28, 2020

After the Supreme Court refused to halt a state tort claim by Sandy Hook plaintiffs against a gun manufacturer last November, debate over tort liability for gunmakers and sellers is getting a lot of attention, with  experts increasingly weighing in on these types of lawsuits. To help inform the public, the Center is hosting a […]

New Decision in a (Very) Old Case: City of Gary v. Smith & Wesson Corp

Posted by on December 13, 2019

On November 26, the Indiana Supreme Court denied review in an important case regarding tort liability for gun manufacturers and the Protection for Lawful Commerce in Arms Act (PLCAA): City of Gary v. Smith & Wesson Corp. The latest ruling leaves in place a Court of Appeals decision from last May, which in turn means […]

SCOTUS Watch: Daniel v. Armslist, LLC

Posted by on September 13, 2019

In 2012, Zina Daniel Haughton obtained a restraining order against her husband after he threatened to kill her. This restraining order prohibited the husband from possessing a firearm. Nonetheless, a few days later he posted a want ad on armslist.com seeking to buy a gun. He found a willing seller, arranged a meeting in a […]