Judge allows suit against SIG Sauer to proceed – By Mark Hayward (New Hampshire Union Leader) / March 27 2020
A federal judge has ruled that a lawsuit against New Hampshire arms manufacturer SIG Sauer concerning accidental discharges of one of its popular handguns — the semiautomatic SIG P320 — can move forward.
U.S. District Court Judge Joseph Laplante said that the man bringing the lawsuit — Arizona resident Derick Ortiz — can proceed on seven of the eight claims of fraud, warranty breach and consumer protection violations that he brought against the Newington-based manufacturer.
Laplante only rejected one, a claim under the New Hampshire Consumer Protection Act because Ortiz couldn’t claim he received misrepresentations about the gun in the state of New Hampshire.
It is the first significant ruling in the case brought last September in U.S. District Court in New Hampshire. And the ruling means this case has gone further than similar claims filed in California and Arizona, which SIG Sauer has been better able to challenge on jurisdictional grounds, said Chuck Douglas, the New Hampshire lawyer involved in the case.
The lawsuit faults SIG Sauer for selling the P320 in the civilian market during most of 2017, even after the manufacturer repaired guns sold to the military.
“They’ve corrected (the defect) for the military, why not for all the rest of us who bought one?” Douglas said.
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