Eastern District of Pennsylvania Recognizes Split in Authority Regarding Whether a Claim-By-Claim Analysis Under the PLCAA is Warranted

bullets-1556142_960_720Today, the Eastern District of Pennsylvania addressed the proper interpretation of the Protection of Lawful Commerce in Arms Act and the exceptions contained therein.  In Ramos v. Wal-Mart Stores, No. 516-cv-00304, District Judge Joseph Leeson specifically recognized a split in authority regarding whether a claim-by-claim analysis under the PLCAA is warranted.  Judge Leeson focused on the Act’s use of the term “action” as opposed to “claim” when assessing whether a plaintiff only needs to meet one of the exceptions to the Act in order to avoid PLCAA immunity.  While Judge Leeson did not reach a decision on the issue, his opinion identifies a split in authority and clearly invites future plaintiffs to argue that general negligence or nuisance claims can survive so long as any exception to the Act is met. Read the rest of this entry »