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Judge Unhappy with Remington Recall. Sorry, “Settlement”

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“The federal judge considering a proposed class-action settlement involving millions of allegedly defective Remington rifles is raising new questions about the accord, warning a plaintiff’s attorney in court that the agreement as it currently stands risks more people being injured by the guns,” cnbc.com reports. U.S. District Judge Ortrie Smith’s main beef with the not-a-recall recall? The Freedom Group subsidiary will send vouchers for $10 or $12.50 (for Remington clobber) to consumers with Remington rifles that are too old to be retrofitted with the XMark Pro trigger. “If the guns are defective,” the judge asked, “why are they still out there?” In other words . . .

At issue are some 600,000 guns including the Model 600, which has a similar firing mechanism to the 700 series but was recalled and discontinued in the 1970s. Plaintiffs’ attorney Jon Robinson said most of the guns in question are so old, they are “probably in a closet somewhere.” If not, and they have not caused a problem by now, he said, they are “probably not a problem.” Besides he said, the proposed settlement does not prevent gun owners from filing personal injury claims later should a gun malfunction.

But the judge was skeptical.

“The problem with your approach, Mr. Robinson, is that first, somebody’s got to get hurt,” he said.

Yes, well, there is that. Anyway, what’s 600k duff rifles compared to the eight million long guns Remington has agreed to retrofit, if only when asked? Maybe enough to scuttle an agreement that would draw a line under Remington’s trigger connector-related woes and line plaintiffs’ pockets. Watch this space.

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