Judge Hardiman asks NJ what prompted the investigation into S&W's advertising. NJ says it was "several things," including ads that say the company's guns are "the most accurate and reliable."
https://twitter.com/2Aupdates/status/1458205637918212096
NJ lawyer now arguing with multiple judges as to why it needs to investigate a gun company for claiming its products are "the most accurate and reliable."
Scirica asks if it could be "characterized as puffery." NJ lawyer says she doesn't think so.
Hardiman asks if that statement from S&W was made before the NJ Attorney General said he would "turn up the heat" on gun companies.
NJ says that statement from the AG was in a tweet.
Hardiman: "That doesn't make it better."
NJ says that statement from the AG was in a tweet.
Hardiman: "That doesn't make it better."
Hardiman: "Tweets are now substitutes for deliberative process of our attorneys general?"
Hardiman says NJ's "turn up the heat" statement sounds like "an implication of suspicion that Smith & Wesson is illegally creating guns."
Judge Matey starting a question: "Sorry to return to Twitter..."
NJ argues that S&W isn't able to bring this case in federal court, and should be confined to state court.
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