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Well shoot...
Many years ago there was a case before the U.S. Supreme Court regarding a similar situation. The SCOTUS had ruled in favor of the gun manufacturer.
In a later, and different case involving the same model, it was discovered that the manufacturer had committed fraud upon the court by withholding discovery in the first case.
The plaintiff in the first case then submitted a motion for reversal of his case based on the fraud upon the court in the second case. His motion was denied because he had lost at the SCOTUS, but his motion was eventually heard by the SCOTUS.
The very important ruling by the SCOTUS was that if a lower court discovered fraud upon the court, the lower court was not bound by the earlier SCOTUS decision.
A Gunsmith examined the piece and the brass that did not eject. There was no strike mark on the primer but some heat bubbles from the firing and the weapon was found to be working normally. The end result was the smith surmised that the primer had not seated 100% properly and with it on half cock, sliding it into the holster had moved the slide allowing the slide to contact the rear of the round just right to fire.