Richard Barber v. Remington Arms Co.

MEMORANDUM

Richard and Barbara Barber appeal from the district court’s dismissal of their defamation claim against Remington. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court’s judgment.

On October 23, 2000, the Barbers’ son was killed when a Remington Model 700 rifle accidentally discharged. In 2002, the Barbers and Remington entered into a settlement agreement in which the Barbers received a payment in exchange for releasing Remington “from any and all past, present, or future claims ... whether based on a tort, contract, or other theory of recovery, which the Plaintiffs now have, or which may hereafter accrue or otherwise be acquired, on account of, or may in any way grow out of the Accident....” In 2010, the Barbers appeared in a CNBC documentary concerning the theory that the 2000 accident was the result of a design defect. Remington responded with a statement that the Model 700 is safe when used properly, that the Barber rifle was rusted and had been modified, and “in testing by experts for both Remington and the Barber family, the Barber rifle would fire only by pulling the trigger while the safety was in the fire position.” The Barbers…