{"id":5975,"date":"2022-12-22T17:35:00","date_gmt":"2022-12-22T17:35:00","guid":{"rendered":"https:\/\/www.awkolaw.com\/?p=5975"},"modified":"2023-07-05T16:00:45","modified_gmt":"2023-07-05T16:00:45","slug":"u-s-judge-penalizes-3m-bars-it-from-shifting-liability-in-earplug-litigation","status":"publish","type":"post","link":"https:\/\/www.awkolaw.com\/u-s-judge-penalizes-3m-bars-it-from-shifting-liability-in-earplug-litigation\/","title":{"rendered":"U.S. judge penalizes 3M, bars it from shifting liability in earplug litigation"},"content":{"rendered":"\n[et_pb_section fb_built=”1″ _builder_version=”4.20.4″ custom_margin=”0px||||false|false” custom_padding=”0px||||false|false” global_colors_info=”{}” theme_builder_area=”post_content”][et_pb_row _builder_version=”4.20.4″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” custom_margin=”0px||||false|false” custom_padding=”0px||||false|false” global_colors_info=”{}” theme_builder_area=”post_content”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||” theme_builder_area=”post_content”][et_pb_text _builder_version=”4.20.4″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” custom_padding=”0px|25px|25px|25px|false|true” hover_enabled=”0″ global_colors_info=”{}” theme_builder_area=”post_content” sticky_enabled=”0″]

A U.S. judge on Thursday barred 3M Co from trying to avoid liability for injuries current and former U.S. military members sustained from its allegedly defective earplugs by shifting blame to a subsidiary.<\/p>\n

U.S. District Judge M. Casey Rodgers, the Pensacola, Florida-based judge tasked with overseeing nearly 250,000 cases over the combat earplugs, said 3M deserved the “harshest penalty” for its “bad faith” attempts to transfer the liability to a bankrupt unit.<\/p>\n

That unit, Aearo Technologies, had developed the Combat Arms Earplugs Version 2 (CAEv2) earplugs for the U.S. military before 3M acquired it in 2008. After Aearo filed for bankruptcy protection in Indiana in July, 3M sought to pause the cases against it.<\/p>\n

But a bankruptcy judge in August declined to put the litigation against 3M on hold. Rodgers said the bankruptcy judge’s decision, which 3M is appealing, “should have ended the sophistry” and 3M’s attempt to avoid liability.<\/p>\n

Instead, she said, 3M attempted nearly four years into the litigation to “rewrite the history of the CAEv2” by asserting for the first time, it is not independently responsible, as Aearo’s purchaser, for any injuries.<\/p>\n

3M has lost 10 of the 16 earplug cases that have gone to trial so far, with about $265 million being awarded in total to 13 plaintiffs.<\/p>\n

Rodgers said 3M was “masquerading as the hapless wrong party defendant and purposefully ambushing the other side with a wholly contrived strategic position,” and she barred it from “shifting blame to the Aearo defendants”.<\/p>\n

3M in a statement said it would appeal, calling Rodgers’ ruling an “incomplete and inaccurate depiction of our good faith efforts in this litigation.”<\/p>\n

The lead lawyers for the plaintiffs, Bryan Aylstock and Chris Seeger, in a joint statement welcomed the ruling, saying 3M had consistently represented itself as the sole defendant liable for any injuries caused by the earplugs.<\/p>\n

Read the full article at Reuters<\/a><\/p>[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]\n","protected":false},"excerpt":{"rendered":"

3M has lost 10 of the 16 earplug cases that have gone to trial so far, with about $265 million being awarded in total to 13 plaintiffs.<\/p>\n","protected":false},"author":4,"featured_media":5124,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"\n

A verdict has been reached in the first of many cases involving military members getting defective hearing protection.<\/p>\n\n\n\n

\u201cThere (are) 250,000 individual lawsuits filed at this point in the Northern District of Florida,\u201d said Bryan Aylstock from the Aylstock, Witkin, Kreis and Overholtz law firm in Pensacola. They are the firm that is taking the lead in all of these individual suits against 3M, the manufacturer of the Combat Arms version 2 ear plugs that were used by the military from 2002 to 2015.<\/p>\n\n\n\n

The plaintiffs in the cases are military members who have suffered hearing loss. The first of those cases has just ended with a verdict against 3M in federal court.<\/p>\n\n\n\n

\u201cSo, it was three soldiers, all of whom served this country honorably and used these Combat Arms earplugs and suffered hearing damage\" said Aylstock. \"Collectively they received a little bit more than $7.1 million, which is a tremendous verdict. A lot of that was punitive damages, where the jury found by clear and convincing evidence that 3M\u2019s conduct as it relates to these ear plugs was reprehensible and deserved to be punished. And also a message needed to be sent to others, including 3M, who might try to do this in the future, that this is not an acceptable way to conduct your business.\u201d<\/p>\n\n\n\n

This is the first lawsuit in what is called mass-tort litigation, which is different than a class-action suit, where all plaintiffs are represented in one law suit. There are two more already on the docket before Judge Casey Rodgers, Chief U.S. District Judge for the Northern District of Florida in Pensacola.<\/p>\n\n\n\n

\u201cThere\u2019s a panel called The Judicial Panel for Multi-District Litigation, and it determined a couple of years ago that Pensacola was the appropriate forum to conduct all of the pretrial activities for all of the cases of this nature.\u201d<\/p>\n\n\n\n

3M has already settled with the U.S.military for over $9 million, so the mass-tort litigation is only between the company and individual military members, both active duty and veterans. Aylstock fully expects this verdict to be appealed.<\/p>\n\n\n\n

\u201cIt will be appealed, and we feel confident that all of the pretrial rulings that Judge Rodgers made, and the trial rulings were appropriate, and the appellate court will also find that they were appropriate.\u201d<\/p>\n\n\n\n

Since the verdict there have been no talks of settlement with 3M, so the trials and appeals will continue. Aylstock says he doesn\u2019t know how many rulings for the plaintiffs would bring 3M to the settlement table. Said Aylstock, \u201cIt will be as many as it takes.\u201d<\/p>\n\n\n\n

The second trial is set to begin on Monday. <\/p>\n\n\n\n

<\/p>\n\n\n\n

Written By:<\/strong>
Bob Barrett
May 13th, 2021
Source<\/a>



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