The first bellwether trial brought by former military service members against 3M and predecessor, Aearo LLC for allegedly defective earplugs started March 29 in Pensacola, FL. The plaintiffs include three Army veterans who claim that from 2003-2015, 3M knowingly...
Litigation Update: 3M Earplugs MDL Bellwether Trials Set to Start with Issues of Expert Testimony and Juror Influence Before the Court
At a March 13 hearing in Florida federal court, two industrial hygienists were barred from testifying in the upcoming multidistrict litigation involving defective earplugs manufactured by 3M. In their motion, plaintiffs challenged the expert testimony of two...
Litigation Update: Choice of Law Determined in Two Bellwether Trials in the 3M MDL
In response to motions filed by the plaintiffs in the upcoming bellwether trials in the 3M multidistrict litigation, U.S. District Judge M. Casey Rodgers has found in favor of the plaintiffs, ruling that Washington and Alaska state law would apply in two of the cases...
Litigation Update: Initial 3M Earplugs’ Trial Dates Are Set
In a pre-trial order issued on December 30, 2020 the Florida federal judge overseeing the 3M earplugs litigation consolidated three bellwether cases and set trial dates for the five cases that were part of Bellwether Group A and the subject of a December 7, 2020...
Litigation Update: 3M Awaits Decision on Attorney-Client Privilege Question
There have been several new developments in the 3M Combat Arms Earplugs litigation—one of the largest consumer mass torts ever. 3M has filed a motion in Phoenix Federal Court requesting the judge to render a decision in response to its request to force Top Class...
Litigation Update: 3M Denied of Government Contractor Defense Argument in Earplugs MDL
U.S. District Judge Casey Rodgers of the Northern District of Florida, who is presiding over the 3M Earplugs (CAEv2) MDL, issued a decision on Monday, July 27th, that denies 3M’s defense for immunity as a government contractor. The judge stated that 3M did not have a...
Litigation Update: Leadership Decided for 3M Combat Arms™ Earplugs MDL
On May 22nd Judge M. Casey Rodgers issued Pretrial Order No. 7 naming the leadership for the plaintiffs in the 3M Combat Arms™ Earplugs MDL. Selection was made from among 190 applicants. Bryan Aylstock was named Lead Counsel, supported by Shelley Hutson and Chris...