FRANKLIN G. SNYDER, Professor of Law, Texas A&M University School of Law. ANN M. MIRABITO, Associate Professor, Department of Marketing, […]
Margaret C. Tarkington Professor of Law and Dean’s Fellow, IU McKinney School of Law Co-Director, J.D. Program Evaluation & […]
JOHN MILLIKAN J.D. Candidate, 2019, Indiana University Robert H. McKinney School of Law; B.A. 2009, Anderson University. In […]
JAMES A. SONNE Professor of Law at Stanford Law School and Director of its Religious Liberty Clinic As […]
Kathleen Clark Professor of Law, Washington University School of Law The U.S. Department of Justice has a long […]
Evan C. Zoldan[i]
When the Court of Appeals of Indiana decided an important case about gun liability in May 2019, it got a key legal point wrong. The case, City of Gary v. Smith & Wesson,[ii]arose out of a lawsuit filed by the City of Gary, Indiana (the “City”), against Smith & Wesson and other firearms manufacturers. The City asked the court to hold the manufacturers liable for creating a public nuisance and for the negligent design, distribution, and marketing of firearms. After the City’s lawsuit was filed, the Indiana legislature passed a statute granting immunity to gun manufacturers for these types of claims. Because the lawsuit predated the statute, however, it was not clear whether the statute would affect the pending lawsuit.