Products Liability Law Reporter

The Sixth Circuit Court of Appeals held that an entertainment venue did not have Article III standing to pursue a class action lawsuit against eight firearms manufacturers based on the threat that gun violence poses to all Americans.

Primus Group, LLC, a Columbus, Ohio, entertainment venue, filed a class action lawsuit against eight firearms manufacturers, alleging claims for public nuisance, negligent design, failure to warn, RICO violations, and misrepresentation. The putative class was defined as all persons entitled to freely attend schools, shopping locations, churches, entertainment venues, and workplaces in the United States.

The defense moved to dismiss, asserting that Primus had failed to allege an actual case or controversy conferring Article III standing. The district court dismissed the lawsuit.

Affirming, the Sixth Circuit found that to establish standing, a plaintiff must have suffered an injury in fact that is fairly traceable to the defendant’s challenged conduct and is likely to be redressed by a favorable judicial decision. The court added that the plaintiff bears the burden of establishing all three elements and must clearly allege facts demonstrating each element at the pleading stage.

Here, Primus had alleged that it was typical of any entity operating where people assemble and that it had lost market share due to the threat of mass shootings and sustained increased costs due to the need for added security. However, the court said, Primus had failed to demonstrate that it was among those injured by mass shootings or that gun violence had affected it in a particular and personalized way. Moreover, the court found, the plaintiff had alleged no facts relevant to the three constitutional elements required to establish standing.

Consequently, the court held that the plaintiff had failed to meet its burden demonstrating injury in fact.

Citation: Primus Grp., LLC v. Smith & Wesson Corp., 2021 WL 423741 (6th Cir. Feb. 8, 2021).