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CG suing Quantico

Discussion in 'Shooting Related Threads' started by rhymeswithorange, Oct 2, 2009.

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  1. rhymeswithorange

    rhymeswithorange Member

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    I missed this overnight, think it deserves its own thread.

    http://dockets.justia.com/docket/court-vaedce/case_no-1:2009cv01085/case_id-246617/
     
  2. andybull

    andybull Active Member

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    Here you go.
     
  3. short shucker

    short shucker TS Member

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    I'll bet that I know who's pocket book is deeper!

    What'll come from this is the QSC will have to state an apology and then promptly close its doors due to not being able to find liability insurance.

    Caesar Guerini will still have a black eye, but will have the satisfaction of winning the suite.

    Neither one is going to win this one!

    ss
     
  4. goatskin

    goatskin TS Member

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    Do any of the lawyers on here have Pacer?

    Seeing the suit, itself will be instructive.


    Bob
     
  5. goose2

    goose2 Well-Known Member

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    I figured this was on the horizon. I hope CG jams it in there arse.
    This should bring some light on the heated debate.
    It will also be of interest to see how many of the posters quick to blame CG for a faulty product disappear on the subject.
     
  6. Michael Jobe

    Michael Jobe TS Member

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    CG had no choice but to make this move. Really dumb on the club's part writing and publishing this report. A guys gun blows up? You assume it was his reloads, and you move on.

    ~Michael
     
  7. goatskin

    goatskin TS Member

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    SS ... don't be too sure. Commercial Speech is allowed broad latitude for opining.

    Goose ... posters here completely aside, don't forget, QSC (themselves, nor any of the people involved in the report) have promoted their 'conclusions' and/or opinions. That was not a public report, and in lawsuits over commercial speech, both intent and malice (both terms of art) matter.

    I, personally, think CG has been ill-advised, and they would have been better served by spending lawyer-money on a good, competent charm-offensive backed by LOTS of facts.


    Bob
     
  8. Clayshooter08

    Clayshooter08 Member

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    I don't want to be one of the guys that signed the letter....
     
  9. markdenis

    markdenis TS Member

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    Clayshooter08

    Good point! At best, there are probably looking at inflated Lawyer fees.
     
  10. Alno

    Alno TS Member

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    Bob, would the comments posted here be admissible in federal court?
     
  11. squirrelkiller

    squirrelkiller TS Member

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    CG must be VERY confident on the design of the gun. I imagine testing will be ordered by the court as will be requested by Quantico's attys. At least the design of the gun will be thoroughly evaluated. Quantico will have to prove the design faulty to counter the allegations in the suit by CG. I have not read anything, just speculation.
     
  12. rhymeswithorange

    rhymeswithorange Member

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    100Straight, I doubt that CG's intention is to put a gun club out of business and its far from certain that would be the result. On the other hand, they have every right to aggresively protect their reputation.
     
  13. goatskin

    goatskin TS Member

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    Alno: <i>Bob, would the comments posted here be admissible in federal court? </i>

    Although I have been around a lot of litigation, I'm not a lawyer, and I know just as much as everybody else here - which is not enough to get up to the level of 'ignernt' - but no.

    Bloviating on a public bbs? Even vicious, mean & stupid bloviating? Nah.

    Cancelled orders citing the QSC report ... yeah.

    I haven't seen the suit, yet, but so far and to this point, unless the suit has a LOT more basis than is apparent ... I don't see how it can survive a $75 courthouse-lawyer's 2-line motion to dismiss as meritless, unripe and improper.

    Further, *EYE* think CG is taking careful aim at their own body-parts.

    sad, really - the whole damn, silly thing.


    Bob
     
  14. Doug Kennedy

    Doug Kennedy Active Member

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    I bet after the lawsuit is over cg will be sorry they filled it. JMHO
     
  15. Singleshot

    Singleshot Member

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    Any fool can file a lawsuit, although a lawyer is usually involved in the filing. Quite often, the lawyer can actually read the English language.

    If this lawyer can read, he might have noticed that the report does not state that Caesar Guerini builds defective firearms.

    The report merely states the "concerns" of the investigating team members that the gun in question might possibly have a design or manufacturing flaw.

    Those concerns are elaborated in a series of questions. That's "questions", as in, "we don't know, but we're wondering if". Questions - not point blank accusations or statements of facts.

    The report also contains some "hypothetical" speculations. The lawyer might want to look up the word hypothetical.

    CG has apparently sold some guns that suffered failures. Those failures have been noted by the shooting community and have raised questions in the minds of some shotgun shooters.

    CG elects to sue the gun club, because it maintains a policy that requires a safety team to write up an incident report. The incident report speculated that there might be a possibility that something unique about that gun contributed to the incident.

    Apparently, Guerini believes their reputation is so fragile that if anyone wonders out loud, in print, or on the internet if there could possibly be a problem with a specific gun or questions a specific area of the manufacturing process, it could bring irreparable harm to this famous (infamous?)brand, so their response is intimidation by lawsuit.

    Yeah, they're really making a smart move with that strategy.

    I think I'll stick with my Perazzis. Caesar Guerini couldn't GIVE me a gun.

    Gosh, I hope Guerini Tom doesn't sue for me saying I don't want one of his guns, even if it's free.
     
  16. goose2

    goose2 Well-Known Member

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    100straight, If you have never purchased a CG gun before than it would not matter if you never purchase one. The bottom line is the boys that signed that letter are headed for many sleepless nights for doing so. There is one thing for sure, the truth will come out. Go get um CG!
     
  17. claybrdr

    claybrdr Well-Known Member

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    I've owned 3 Guerinis, two being sub-gauge combos. I am very satisfied in my mind that their quality is top notch and applaud the Company's decision to defend their good name. If the gun club was worried about staying in business they should have thought twice before issuing that potentially slanderous "report". A report that seemingly is not backed by any metallurgic or manufacturing expertise.
     
  18. wayneo

    wayneo Active Member

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    I wonder how they come up with $480,000? Wayne
     
  19. fssberson

    fssberson Active Member

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    I am sure that this lawsuit is really about the fact that this club bannned CG guns. No manufacturer can allow a bunch of unqualified club members to arbitrarily ban its products. Unchecked, we could see various clubs deciding to ban various guns for unfounded reasons. Any manufacturer would have responded exactly the same way.

    If a user of a product feels that there is an inherent flaw in the product it is their responsibility to make that claim to the company and then pursue that claim to whatever degree they are able and willing. In this case, if a person thinks that they can beat a gun manufacturer while using re-loaded ammo, they better have some really deep pockets.

    Of course, this case will never even get close to a courthouse because the gun club's liability carrier is not in the business of defending club members who write amateur reports nor is it in the business of pursuing product liability claims. It is in the business of limiting the liability of its client, the gun club because it is the insurance company that would have to write a big check.

    Consequently, the gun club and those named individuals will be told by their liability insurance company lawyers to do just exactly what CG requires to settle the suit. The gun club will write a check for its deductible under the policy and the insurance company will write a check to cover the legal fees of CG in bringing the suit. Everyone will then live happily, though somewhat wiser, ever after.
     
  20. mrskeet410

    mrskeet410 TS Member

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    100 Straight - "I WILL NEVER BUY A CG PRODUCT now that they have filed a law suit against a gun club, knowing full well that they will probably put that club out of business, win or lose."

    Good point presuming this is not a counter-suit.

    Doug Kennedy - "I bet after the lawsuit is over cg will be sorry they filled it. JMHO" MHO too.
     
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