Well, I diagnosed the problem. Got the knife home and disassembled it followed Kershaw's hot to video on youtube. After getting it apart, I found that the torsion bar had come out of position at the handle end, and was rubbing on the inside of the handle causing the binding. Inside you can see the wear in the finish where the torsion bar was off track. Just to be 100% safe and to ensure that was in fact the problem, and that was not a blemish from factory, I cleaned the knife thoroughly, relubed, and reassembled. Same problem, and thought it was mostly open under it's own momentum. I attribute that to the fresh lube job. It doe how ever make a scraping noise when opening/closing. When closed you can see the inner plate flexed outward where the torsion bar is jumping track under tension.
Suck for my buddy as this knife is only about a month old. Hope my description makes sense.