Stringer, et al v. Remington Arms, et al, No. 18-60590 (5th Cir. 2022)
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In June 2011, a fifteen-year-old shot his brother, an eleven-year-old, with a Remington Model 700 rifle equipped with an X-Mark Pro trigger. The boy and his parents (collectively, “Plaintiffs”) sued Remington, the retailer that sold the rifle, and Remington’s predecessors in interest (collectively, “Defendants”) in Mississippi state court. Plaintiffs emphasized that Remington had in April 2014 recalled all Model 700 rifles with X-Mark Pro triggers because the rifles “can and will spontaneously fire without pulling the trigger.” They brought state-law claims for product liability, failure to warn, negligence, and gross negligence.
Defendants moved to dismiss under Rule 12(b)(6). In their response to that motion, Plaintiffs asked to file a federal-court complaint to allege additional facts related to the statute of limitations. The Fifth Circuit affirmed. The court explained that the district court’s subject-matter jurisdiction was based on diversity of citizenship. The court, therefore, applied “federal procedural and evidentiary rules and the substantive laws of the forum state.” Mississippi has a general three-year statute of limitations. For “non-latent injuries” like the one alleged here, the cause of action accrues on the date of the injury. But Plaintiffs, who filed suit in March 2018, argue that the statute of limitations was tolled by Defendants’ fraudulent concealment. The district court rejected that argument. The Fifth Circuit agreed, finding that Plaintiffs failed to meet Rule 9(b)’s requirements.
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