Silencer Central lawsuit survives FedEx motion to dismiss

Judge rules that Sioux Falls firearm suppressor company has contract claims that should be litigated

A federal judge ruled Tuesday that a Sioux Falls silencer company can pursue a breach of contract claim against FedEx and its subsidiaries.

Judge Roberto Lange also ruled that Silencer Central has grounds to pursue a claim that FedEx had reneged on its promise to deliver Silencer Central’s firearm suppressers directly to customers. Lange did, however, dismiss Silencer Central’s negligent misrepresentation claim, saying that claim was preempted by the Airline Deregulation Act of 1978.