Skip to main content Accessibility help
×
Hostname: page-component-54dcc4c588-smtgx Total loading time: 0 Render date: 2025-10-10T16:35:32.271Z Has data issue: false hasContentIssue false

10 - Firearms Industry Accountability

The Emerging Mass Tort Litigation

Published online by Cambridge University Press:  07 August 2025

Linda S. Mullenix
Affiliation:
University of Texas, Austin
Get access

Summary

Chapter 10 addresses the question whether litigation against the firearms industry may ever evolve into a mature mass tort litigation, ultimately leading to an industry-wide settlement modeled on the tobacco settlement. The discussion sets forth signposts that historically have been indicators that certain product cases will evolve from individual litigation to an aggregate mass tort. These signposts include (1) developments or changes in the law, (2) regulatory recall, alert, or notice of a defective product, (3) establishment of a track record of litigation victories and settlements, (4) rise in the interest of the plaintiffs’ bar in pursuing litigation, (5) emergence of a critical mass of similarly situated claimants, (6) docket congestion, (7) judicial reception toward aggregating and managing multiple-claims litigation, (8) discovery of underlying facts and public dissemination of discovery materials, (9) development of underlying science or expert testimony in proof of claims, (10) the interest of states’ attorneys general in pursuing relief on behalf of their citizenry, (11) agile, strategic lawyering in response to changing litigation developments, and (12) the willingness of putative defendants and their insurers to come to the negotiation table.

Information

Type
Chapter
Information
Outgunned No More
The New Era of Firearms Industry Accountability
, pp. 197 - 221
Publisher: Cambridge University Press
Print publication year: 2025

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Book purchase

Temporarily unavailable

Accessibility standard: Unknown

Accessibility compliance for the PDF of this book is currently unknown and may be updated in the future.

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge-org.demo.remotlog.com is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×