remington settlement
http://www.gunsmoke.com/guns/rem_lawsuit_result.html ATTENTION
OWNERS OF REMINGTON 12-GAUGE SHOTGUNS,
MODELS 870, 1100, 11-87, 3200, Sportsman 58, 12-A, and 12-P
Owners of Remington 12-guage Model 870, 1100, 11-87, 3200, and Sportsman 58 and Sportsman 12-A and 12-P shotguns manufactured between 1960 and June 1995 (the \"Shotguns\") who have not previously excluded themselves from the settlement are entitled to receive a payment (\"Settlement Check\"), as part of the resolution of the class action lawsuit in Garza v. Sporting Goods Properties, Inc., Civ. No SA-93-CA-1082(W.D.Tex.). The lawsuit was brought against Remington and DuPont, the former parent company of Remington, by several owners of Shotguns (the \"Class Plaintiff(s)\") on behalf of all such owners. the Class Plaintiffs claimed that the barrel steel formerly used in the Shotguns was not strong enough and the barrels sometimes burst in normal use, causing damage to the gun and, in some cases, serious bodily injury. Remington and DuPont denied--and continue to deny--such claims. They assert that (1) the steel used was appropriate for use in Shotguns; (2) barrel bursts are extreamly rare and occur only when improper ammunition, including improperly loaded ammunition generating much greater than normal firing pressure, is used, or when the barrels are obstructed; and (3) the Remington owners' manual and the accompanying firearms safety booklet gives full and adequate warning of such hazards.
There has been no class action trial regarding these matters. The Class Plaintiffs have not proven any of their claims, and Remington and DuPont have not proven any of their defenses. Instead of engaging in long and costly litigation, the parties have agreed to a settlement, which the United States District Court for the Western District of Texas (in San Antonio) has approved as fair, reasonable and adequate.
Under the terms of that settlement, Remington has begun to make, and will continue to make, barrels for Model 870, 1100, 11-87, 12-gauge shotguns from a different type of steel, which can withstand higher pressures. Also as part of the Settlement, eligible shotgun owners are entitled to receive shares of a cash settlement fund, accompanied by a safety brochure. After payment of notice and administration costs, compensation for Class Plaintiffs, and class counsel's fees and expenses as awarded by the Court, the amount available for distribution as Settlement Checks to owners of the Shutguns is $17.125 million.
To obtain a share of this fund, YOU MUST:
PUT YOUR VERIFIED SIGNATURE, ADDRESS, SOCIAL SECURITY NUMBER, AND TELEPHONE NUMBER ON THE BOTTOM OF THIS FORM ALONG WITH THE SERIAL NUMBERS OF ANY 12-GAUGE REMINGTON MODEL 870, 1100, 11-87, 3200, AND SPORTSMAN 58 AND SPORTSMAN 12-A and 12-P SHOTGUNS YOU OWN. THE FORM MUST BE POSTMARKED NO LATER THAN SEPTEMBER 30, 1996, AND SENT TO THE ADDRESS BELOW.
AS A CONDITION OF CASHING YOUR SETTLEMENT PAYMENT CHECK, YOU WILL BE REQUIRED TO READ, AND TO AGREE THAT YOU WILL FOLLOW THE INSTRUCTIONS CONTAINED IN, THE SAFETY BROCHURE WHICH WILL BE SENT WITH YOUR CHECK. The amount each participating class member is to receive will be based on the number, models and manufacturing dates of his or her Shotgun(s) and the total number of valid claims filed. It is anticipated that Settlement Checks will be sent to eligible owners by January 15, 1997.
EXCLUSIONS: The following are not eligible to receive, or serve as the basis of, Settlement Checks:
a) Employees of Remington and DuPont, except as to Shotguns owned by them for personal use;
b) Resellers and distributors of Remington and DuPont (except as to Shotguns owned by them for personal use, rather than for resale or business promotional purposes); and
c) Recently manufactured Remington 12-gauge shotguns with these or higher serial numbers: Model 870--B457166M; Model 1100--RO64388V; and Model 11-87--PC495255.
IMPORTANT NOTE: If your form is not postmarked on or before September 30, 1996, you will not receive a share of the settlement funds, but you will remain bound by the terms of the settlement, which bars claims (except bodily injury claims) relating to Shotguns manufactured prior to June, 1995.
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NOTE: The deadline for filing for your claim was December 1, 1996.
