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Chapter 3 introduces discussion of the 1998 Tobacco Master Settlement Agreement and the role this revolutionary agreement between all fifty states (through their states attorneys general) accomplished with the tobacco company defendants. The chapter places the MSA in the evolutionary context of twentieth-century mass tort litigation and uses this example to show that even the most difficult industry defendants may be brought to account through model litigation. The chapter explores the parallelisms between the history of tobacco litigation, opioid litigation, and the lessons that the resolution of these mass torts have for the prospects of resolving firearms litigation in a similar fashion. The chapter concludes with a discussion of the lessons to be learned from the tobacco litigation for firearms industry accountability, focusing on the valuable portions of the Tobacco Master Settlement Agreement and its most useful remedies. The discussion acknowledges the criticisms of the implementation of the MSA, but nonetheless concludes that there is much to appreciate from the MSA as a model approach to holding the firearms industry accountable for the harms it contributes to through the manufacture, marketing, and sale of its products.
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