Supreme Court of the United States · Official docket →
Smith & Wesson Brands, Inc., et al. v. Estados Unidos Mexicanos
Paid petition · United States Court of Appeals for the First Circuit, No. 22-1823 · judgment January 22, 2024
Before the decision, about 10.2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a First Circuit decision below, and a circuit split argued in the petition.
Questions presented
The Mexican Government has sued leading members of the American firearms industry, seeking to hold them liable for harms inflicted by Mexican drug cartels. According to Mexico, America's firearms companies have engaged in a series of business practices for decades-from selling semi-automatic rifles, to making magazines that hold over ten rounds, to failing to impose various sales restrictions-that have created a supply of firearms later smuggled across the border and ultimately used by the cartels to commit crimes. Mexico asks for billions of dollars in damages, plus extensive injunctive relief imposing new gun-control measures in the United States. The district court dismissed the case under the Protection of Lawful Commerce in Arms Act (PLCAA), which generally bars suits against firearms companies based on criminals misusing their products. But the First Circuit reversed. It held that PLCAA does not bar this suit because Mexico stated a claim that defendants' business practices have aided and abetted firearms trafficking to the cartels, proximately harming the Mexican government. The questions presented are:
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Whether the production and sale of firearms in the United States is the "proximate cause" of alleged injuries to the Mexican government stemming from violence committed by drug cartels in Mexico.
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Whether the production and sale of firearms in the United States amounts to "aiding and abetting" illegal firearms trafficking because firearms companies allegedly know that some of their products are unlawfully trafficked.
Counsel of record
For petitioner
Noel John Francisco
Jones Day
For respondent
Catherine Emily Stetson
Hogan Lovells US LLP
Case
Conference history
Distributed for 1 conference
Amicus briefs
14 cert-stage · 29 merits
(20 supporting pet./neither, 9 respondent)
Argument & decision
Argued March 4, 2025 — Noel J. Francisco · Catherine E. Stetson. Audio and transcript
Decided June 5, 2025. Opinion by Kagan.
Proceedings
- Jul 07 2025Judgment Issued.
- Jun 05 2025Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court. Thomas, J., and Jackson, J., filed concurring opinions.
- Mar 04 2025Argued. For petitioners: Noel J. Francisco, Washington, D. C. For respondent: Catherine E. Stetson, Washington, D. C.
- Feb 10 2025Reply of petitioners Smith & Wesson Brands, Inc., et al. filed. (Distributed)
- Jan 17 2025Record received electronically from the United States Court of Appeals for the First Circuit and available with the Clerk.
- Jan 17 2025Record received from the United States District Court for the District of Massachusetts. The record is electronic and is available on PACER.
- Jan 17 2025Brief amici curiae of Mexican Activists, Scholars, and Victims filed. (Distributed)
- Jan 17 2025Brief amici curiae of U.S. Senator Richard Blumenthal, et al. filed. (Distributed)
- Jan 17 2025Brief amicus curiae of Fair and Just Prosecution filed. (Distributed)
- Jan 17 2025Brief amici curiae of Social Science, Medical, and Legal Scholars filed. (Distributed)
- Jan 17 2025Brief amici curiae of Gun Violence Prevention Groups filed. (Distributed)
- Jan 17 2025Brief amicus curiae of March For Our Lives Action Fund filed. (Distributed)
- Jan 17 2025Brief amici curiae of Dean Erwin Chemerinsky, et al. filed. (Distributed)
- Jan 17 2025Brief amici curiae of Law Enforcement Officers filed. (Distributed)
- Jan 17 2025Brief amici curiae of Massachusetts, et al. filed. (Distributed)
- Jan 13 2025CIRCULATED
- Jan 10 2025Brief of respondent Estados Unidos Mexicanos filed. (Distributed)
- Dec 03 2024Brief amici curiae of The Firearms Regulatory Accountability Coalition, Inc., et al. filed.
- Dec 03 2024Brief amici curiae of The National Association for Gun Rights, et al. filed.
- Dec 03 2024Brief amicus curiae of Landmark Legal Foundation filed.
- Dec 03 2024Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
- Dec 03 2024Brief amicus curiae of Atlantic Legal Foundation filed.
- Dec 03 2024Brief amicus curiae of The Second Amendment Foundation filed.
- Dec 03 2024Brief amici curiae of The American Constitutional Rights Union, et al. filed.
- Dec 03 2024Brief amicus curiae of American Free Enterprise Chamber of Commerce filed.
- Dec 03 2024Brief amicus curiae of National Shooting Sports Foundation, Inc. filed.
- Dec 03 2024Brief amici curiae of The Buckeye Institute, et al. filed.
- Dec 03 2024Brief amicus curiae of Firearms Policy Coalition, Inc. filed.
- Dec 03 2024Brief amici curiae of Product Liability Advisory Council, et al. filed.
- Dec 03 2024Brief amicus curiae of National Rifle Association of America, et al. filed.
- Dec 03 2024Brief amicus curiae of U.S. House of Representatives filed.
- Dec 03 2024Brief amici curiae of U.S. Senator Ted Cruz, et al. filed.
- Dec 03 2024Brief amici curiae of State of Montana, et al. filed.
- Dec 03 2024Brief amici curiae of Professors of Tort Law, Statutory Interpretation, and Firearms Regulation in support of neither party filed.
- Dec 03 2024Brief amici curiae of Gun Owners of America, Inc., et al. filed.
- Nov 27 2024Record requested from the United States Court of Appeals for the First Circuit.
- Nov 27 2024Brief amicus curiae of Washington Legal Foundation filed.
- Nov 27 2024Brief amicus curiae of G. Antaeus B. Edelsohn in support on neither party filed.
- Nov 26 2024Brief of petitioners Smith & Wesson Brands, Inc., et al. filed.
- Nov 22 2024SET FOR ARGUMENT on Tuesday, March 4, 2025.
- Nov 04 2024Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
- Nov 04 2024Motion to extend the time to file petitioners' brief on the merits is extended to and including November 26, 2024. The time to file respondent's brief on the merits is extended to and including January 10, 2025.
- Oct 28 2024Motion for an extension of time to file the briefs on the merits filed.
- Oct 16 2024Motion to dispense with printing the joint appendix filed by petitioners Smith & Wesson Brands, Inc., et al.
- Oct 04 2024Petition GRANTED.
- Aug 15 2024Letter of respondent Estados Unidos Mexicanos received. (Distributed)
- Aug 08 2024Letter of petitioner Smith & Wesson Brands, Inc. received. (Distributed)
- Jul 17 2024DISTRIBUTED for Conference of 9/30/2024.
- Jul 17 2024Reply of petitioners Smith & Wesson Brands, Inc., et al. filed. (Distributed)
- Jul 03 2024Brief of respondent Estados Unidos Mexicanos in opposition filed.
- May 22 2024Brief amicus curiae of National Shooting Sports Foundation, Inc. filed.
- May 22 2024Brief amici curiae of National Association of Manufacturers, et al. filed.
- May 22 2024Brief amici curiae of The American Constitutional Rights Union, et al. filed.
- May 22 2024Brief amici curiae of National Rifle Association of America and Independence Institute filed.
- May 22 2024Brief amici curiae of Firearms Policy Coalition, Inc. and FPC Action Foundation filed.
- May 22 2024Brief amicus curiae of The Buckeye Institute and Mountain States Legal Foundation's Center to Keep and Bear Arms filed.
- May 22 2024Brief amicus curiae of Michigan Coalition for Responsible Gun Owners filed.
- May 22 2024Brief amici curiae of National Association for Gun Rights and the National Foundation for Gun Rights filed.
- May 22 2024Brief amici curiae of U.S. Senator Ted Cruz, U.S. Representative Darrell Issa, and 25 Other Members of Congress filed.
- May 22 2024Brief amicus curiae of The Second Amendment Foundation filed.
- May 21 2024Brief amici curiae of Montana, et al. filed.
- May 20 2024Brief amicus curiae of Landmark Legal Foundation filed.
- May 15 2024Brief amicus curiae of Atlantic Legal Foundation filed.
- May 09 2024Motion to extend the time to file a response is granted and the time is extended to and including July 3, 2024.
- May 08 2024Motion to extend the time to file a response from May 22, 2024 to July 3, 2024, submitted to The Clerk.
- May 03 2024Brief amicus curiae of Washington Legal Foundation filed.
- Apr 18 2024Petition for a writ of certiorari filed. (Response due May 22, 2024)