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Max Online: 16728 @ 03/25/12 08:51 AM
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#6234329 - 03/23/16 05:23 PM Lawsuit filed against Rem, Taurus, for 41 Rem Mag ammo, etc....
ChadTRG42 Offline
THF Trophy Hunter

Registered: 09/16/09
Posts: 9398
Loc: Lewisville, TX
Let me first state, my ammunition is not the ammo used in this case!!

Here's what I've been dealing with the last 3 weeks. I got served from a process server saying my company, Custom Reloads of Dallas, Inc, has been named in a federal lawsuit, along with 6 branches of Taurus and Remington Arms. It is filed in the Eastern District of Michigan. I read the suit to get the details. The details are a man in Michigan bought some 41 Rem Mag ammo through Ammo to Go (who I do not distribute through), fired the ammo in his Taurus revolver, and it blew up in his hands. This happened in Sept of 2013. The Plaintiff's attorney is claiming bodily injury, temporary and permanent injury, lost wages, mental anguish, scaring, etc... the hole kitchen sink. I speak to the the Plaintiff's attorney, and he doesn't know a thing about guns or ammo. I find out that the ammo used was in a zip lock bag with "D.R.S. 41 Rem Mag, 200 grain" on it. I inform the attorney that this is not my ammo and do not sell through Ammo to Go, which he thinks I'm full of [censored] and he's heard this before. After a long talk and showing him some internet links, he starts to come around to realizing his mistake. I ask for him to remove me from the case, and send me a letter showing I am not the proper defendant. (After discussion with him, he is suing Remington Arms simply because the caliber used was 41 Remington Magnum!!)

Fast forward 2 weeks, and he will not remove me from the case. He sends me a total BS letter that states they are not sure who the proper defendants are in this case, and they will not default anyone until they determine who the proper defendants are in this case. But, once you are served, you have 21 days to respond. If you do NOT respond, they can come after you for not responding, and you are on the hook in the case, whether it was your company or not that produced the ammo. So, I MUST file a response. To file, I have to hire an attorney with a retainer of $5K, just to get started. My attorney speaks to the plaintiff's attorney, and today, I get the letter I've been waiting for saying that he will not default on me and will begin the process of removing me from the case. I didn't trust the slime bag plaintiff's attorney further than I can throw him.

What I don't understand in all this "law" stuff, is how in the heck can a lawyer file suit against someone or a company without knowing who they are suing. He literally told me over the phone and in his cheesy letter, that said he was not sure who the proper defendants are in this case yet. Wouldn't you do your homework on this before you just file all kinds of suits and at least get the correct companies!!?? I will never understand this! The next thing is that he is suing Remington because the caliber was "41 Remington Magnum". I told the attorney he should sue 41 also. I can't make this stuff up!!!

This is the 3rd time my company has been confused with D.R.S., and this one is the worst. I'll let you guys figure out who D.R.S. is. I'm seriously thinking about changing my company name now. But, I know who is about to get served now!

Link to ammo purchased:
http://www.ammunitiontogo.com/product_info.php/pName/50rds-41-mag-drs-2000gr-jhp-ammo

Link to lawsuit info:
http://www.guns.com/2016/03/08/michigan-man-names-taurus-remington-in-personal-injury-suit/
_________________________

www.DallasReloads.com
Type 01 and Type 06 FFL

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#6234353 - 03/23/16 05:43 PM Re: Lawsuit filed against Rem, Taurus, for 41 Rem Mag ammo, etc.... [Re: ChadTRG42]
Earl Online   content
Veteran Tracker

Registered: 09/18/07
Posts: 2762
Loc: Plano, TX
That's just messed up that they can file frivolous law suits like that. I am all for and support their ability to file lawsuits toward the correct parties when something really happens - but stuff like this sits in my craw. Assuming he didn't do something to cause the catastrophic failure himself (obstructed barrel for instance) in which case NO one is at fault other than his own damn stupid self..the fault lies with only the gun or the ammo (not both). I bet they never even had an investigation done to see which it was (probably would have stopped pretty soon with the plugged up barrel is why)...our society is so screwed up it ain't funny...lawyers like that who file against anyone and everyone because they just can need to go hunting with Dick friggin Chenny damnit...


Edited by Earl (03/23/16 05:50 PM)
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#6234370 - 03/23/16 05:52 PM Re: Lawsuit filed against Rem, Taurus, for 41 Rem Mag ammo, etc.... [Re: ChadTRG42]
sweetwood Offline
Pro Tracker

Registered: 03/05/08
Posts: 1020
Loc: Flower Mound
Did you ask your attorney about counter suing?

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#6234374 - 03/23/16 05:55 PM Re: Lawsuit filed against Rem, Taurus, for 41 Rem Mag ammo, etc.... [Re: ChadTRG42]
BigPig Online   content
THF Trophy Hunter

Registered: 08/27/09
Posts: 9484
Loc: Forney, Tx
Can you counter sue them for the frivolous law suit which cost you $5,000.00? That sucks man, and I'm sure it happens daily to many unsuspecting people that don't know any better but to settle with them.

That's like a drunk saying he's going to sue his teacher and the education system because they didn't teach him his ABC's backwards which lead to him being found guilty of DWI. No fault of his own, it has to be everybody else's


Edited by BigPig (03/23/16 05:57 PM)
_________________________
Originally Posted By: bill oxner
Ever spit it out rather than swallow it?

Originally Posted By: pegasaurus
Enjoy it while you can. One day you might be complaining about NOT getting random pop-ups in the morning. grin

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#6234388 - 03/23/16 06:02 PM Re: Lawsuit filed against Rem, Taurus, for 41 Rem Mag ammo, etc.... [Re: ChadTRG42]
ChadTRG42 Offline
THF Trophy Hunter

Registered: 09/16/09
Posts: 9398
Loc: Lewisville, TX
Can you counter sue, sure. But, I would have to file myself, and tie it up in the courts, and could still easily lose. I asked my attorney to ask to cover my costs by the plaintiff, but it's a slim chance. But I have been advised by my attorney and a good friend of mine who is an attorney that this is simply the cost of doing business.
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www.DallasReloads.com
Type 01 and Type 06 FFL

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#6234446 - 03/23/16 06:36 PM Re: Lawsuit filed against Rem, Taurus, for 41 Rem Mag ammo, etc.... [Re: ChadTRG42]
Big Fitz Online   content
Veteran Tracker

Registered: 12/06/09
Posts: 2008
Loc: McKinney, TX
This is so disappointing that any attorney can file without doing any research as to who the proper defendants are. I would think you could contact the AG of the state where he holds his law license and file a complaint. It may not make any difference but this lawyer is clearly a loose cannon.
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Originally Posted By: syncerus
I prefer to think of myself as a control enthusiast. wink

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#6234467 - 03/23/16 06:52 PM Re: Lawsuit filed against Rem, Taurus, for 41 Rem Mag ammo, etc.... [Re: ChadTRG42]
RiverRider Online   content
THF Trophy Hunter

Registered: 11/11/07
Posts: 6204
Loc: Wise Co.
Originally Posted By: ChadTRG42
But I have been advised by my attorney and a good friend of mine who is an attorney that this is simply the cost of doing business.



This is one reason I have the lowest of opinions of lawyers in general. No interest in real justice, or what's right, moral, ethical, or just plain fair. Bottomfeeders is what they are.
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Originally Posted By: Cleric
God I am hating caliber threads more and more

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#6234482 - 03/23/16 07:09 PM Re: Lawsuit filed against Rem, Taurus, for 41 Rem Mag ammo, etc.... [Re: ChadTRG42]
STXHO Offline
THF Trophy Hunter

Registered: 04/06/11
Posts: 5123
Loc: South Texas
The lawyer game can be a burden. It all boils down to time and $ whoever has the most usually wins. I feel for you Chad. Good luck in the future.


Edited by STXHO (03/23/16 07:11 PM)
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#6234509 - 03/23/16 07:34 PM Re: Lawsuit filed against Rem, Taurus, for 41 Rem Mag ammo, etc.... [Re: ChadTRG42]
FiremanJG Offline
THF Celebrity

Registered: 12/16/08
Posts: 17893
Loc: Wolfe City, TX
nidea

Road trip?
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#6234726 - 03/23/16 09:47 PM Re: Lawsuit filed against Rem, Taurus, for 41 Rem Mag ammo, etc.... [Re: FiremanJG]
BigPig Online   content
THF Trophy Hunter

Registered: 08/27/09
Posts: 9484
Loc: Forney, Tx
Originally Posted By: FiremanJG
nidea

Road trip?


We can’t know what’s going to happen. We can just try to figure it out as we go along.
- Roger Sullivan
_________________________
Originally Posted By: bill oxner
Ever spit it out rather than swallow it?

Originally Posted By: pegasaurus
Enjoy it while you can. One day you might be complaining about NOT getting random pop-ups in the morning. grin

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#6234745 - 03/23/16 10:11 PM Re: Lawsuit filed against Rem, Taurus, for 41 Rem Mag ammo, etc.... [Re: ChadTRG42]
KRoyal Online   sleepy
THF Celebrity

Registered: 01/24/07
Posts: 13623
Loc: Sherman/North of Dallas
Dang that sucks chad.
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#6234751 - 03/23/16 10:17 PM Re: Lawsuit filed against Rem, Taurus, for 41 Rem Mag ammo, etc.... [Re: ChadTRG42]
huntwest Online   content
Pro Tracker

Registered: 09/17/10
Posts: 1750
Loc: Albany
You should call Chirrillo Associates and get firearms industry product liability insurance. Every manufacturer I work for carries it. Lawyer would fall into your insurance.

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#6234760 - 03/23/16 10:26 PM Re: Lawsuit filed against Rem, Taurus, for 41 Rem Mag ammo, etc.... [Re: ChadTRG42]
2Beez Online   happy
Pro Tracker

Registered: 07/17/15
Posts: 1822
Loc: Lake Texoma, TX
Hate to hear that happened to you Chad.

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#6234850 - 03/23/16 11:52 PM Re: Lawsuit filed against Rem, Taurus, for 41 Rem Mag ammo, etc.... [Re: ChadTRG42]
kmon1 Online   content
junior

Registered: 09/27/06
Posts: 20287
Loc: Texas
Sorry to hear this Chad, so many lawyers are scum and lawyers in general make the laws so they cover their selves for things crazy crap like this. I will say I do know some lawyers that are very good people

Good luck and glad that you are at least off the law suite.

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#6235106 - 03/24/16 09:36 AM Re: Lawsuit filed against Rem, Taurus, for 41 Rem Mag ammo, etc.... [Re: ChadTRG42]
GLC Online   content


Registered: 02/25/09
Posts: 4113
Loc: Burleson Texas
What about getting in touch with NRA or other organizations for help in possible counter suit? Then it would be their money and time?
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