The Protection of Lawful Commerce in Arms Act contains a key carveout, the predicate exception, which has become a critical mechanism for holding gun manufacturers liable. Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos had the potential to resolve many long-standing questions surrounding the scope and application of that exception. However, Volume XLIX staff editor Haley Rubin argues that the Court’s decision instead opens the door to greater uncertainty, leaving lower courts, and transnational plaintiffs, without clear guidance on when the predicate exception may be invoked.
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