August 26, 2022 Update: Today, Judge Graham ruled that 3M will not get bankruptcy protection because its subsidiary declared bankruptcy. So the average trial a few had multiple plaintiffs results in an average payout of $30 million per trial. The point of all of this is that lawyers have to measure twice and cut once before any 3M earplug settlement. This 3M lawsuit may go to the jury as early as tomorrow. The jury still awarded $2.2 million. The Justice Department is seeking to dismiss Aearos bankruptcy in Indiana, claiming as it did before the 3rd Circuit that its Chapter 11 filing was a ploy to benefit its solvent, dividend paying parent company and escape ongoing litigation over allegedly faulty earplugs. Judge Rodgers points out that 3M had many opportunities over the last 4-years to assert the Aearo successor liability argument, but chose not to. Many veterans who call us wonder if the 3M cases are legit or if this is some scam. In other words, 3M has been barred from pursuing its strategy to force the earplug claims into bankruptcy. This [Aearo] filing is yet another illustration of the bad faith exhibited by 3M, they said. First, it's important to note that the circumstances of each of the thousands of cases vary greatly. Aearo claims that under AMA criteria, almost 90% of plaintiffs have no hearing impairment; under WHO standards, more than 85% of plaintiffs have normal hearing. If the plaintiffs can consistently get juries to hit 3M with punitive damages in future bellwether trials it could be a major game-changer. These data reinforce the need for parties to work together to reach a reasonable resolution, based in data and scientific evidence, that does right by veterans entitled to compensation and puts an end to this litigation, Charles Mullin, a claims valuation expert working for Aearo, said in a 3M news statement. Mr. Berger is a retired scientist from 3Ms Personal Safety Division and an expert in audiology. That data here shows we have a good statistical understanding of what all of the claims are about. Lead counsel for the plaintiffs filed a major motion seeking to exclude or limit 3Ms expert testimony and opinions going into Wave 3 of the earplug cases, which could involve thousands of plaintiffs going to trial in large blocks starting next year. 3M has consistently complained of difficulties in accessing so many claims. The denial of the bankruptcy plan has led to intense pressure from Wall Street to get the litigation settled. Aearo will ask the bankruptcy court to pause the litigation. The fear of this kind of damage averaging is larger claims will get settlement offers that undervalue their claims. Corporations taking responsibility is a profitable path. It is hard to know how to interpret all of this. (Even more bizarrely, the judge trying Beal is the Zantac MDL judge, and this same law firm is defending Zantac lawsuits). (For context, this $33 billion also includes the PFAS lawsuits.) All you need to do is provide a small bit of information. July 26, 2022: 3M announced today that it will seek to resolve the earplug claims in bankruptcy. Of course. This is big news. This trial day mostly involved the testimony of Richard McKinley, a key expert for soldiers in the 3M earplug lawsuits on why the earplugs were defective. September 15, 2022 Update: The two-day settlement talks begin today. Two more test trials are set for January 2022. This page provides the latest news and updates on the 3M class action lawsuit for victims. May 17, 2022: Lets get you up to speed on what is happening in the Beal trial. The 6 plaintiffs who won their cases have been awarded damages totaling $29,429,925. Just a week earlier, a jury in Tallahassee awarded $22.5 million in the 8th bellwether trial, the largest verdict to date. However, in 2018, 3M settled a whistleblower lawsuit and paid the Department of Justice $9.1 million for selling defective earplugs to the U.S. military. They modified the design by shortening the earplugs. The global settlement value the resolution of almost all claims at one time would likely be less because you rarely get trial value in a mass tort settlement. Rhodes claimed that the proposed bankruptcy trust fund of $1 billion is a fair valuation for all earplugs claims. But if there is a settlement, it will be tough to find a lawyer after a settlement is reached. May 19, 2022: Day 8 of the trial featured live testimony from 3M expert witness Dr. John Casali from Virginia Tech University. Palanki claimed that he suffered hearing damage while using 3Ms combat arms earplugs while on active duty with the Army at a base in Texas. Plaintiffs have always wanted to settle these lawsuits. Settling these cases is sure to be complex. But a settlement of this magnitude will be a complex endeavor. Listen, Im not a financial analyst. Before we get to the meat of the 3M Combat Arms earplug lawsuits, our attorneys update you with the latest news in the 3M earplug litigation. So the U.S Trustee, the DOJs bankruptcy watchdog, was forced to intervene. Procedurally, 3Ms appeal will either go to the U.S. District Court for Indiana or the Bankruptcy Appellate Panel. They just want the compensation payout they deserve. But this might get us closer to a global settlement of the earplug lawsuits. That response came on Tuesday when Judge Rodgers issued an Order requiring 3M to participate in a new settlement mediation. The jury awarded total damages of $13,062,320 to Camarillorazo. 866.434.0014 SNEED|MITCHELL THE INJURY TEAM LOCATIONS START MY CASE IN THE NEWS THE INJURY TEAM TEXAS TO NATIONAL PERSONAL INJURY ASSISTANCE Something Isn't Working Refresh the page to try again. The only caveat is that 3M will now file an immediate appeal of this new ruling, and the MDL cases will be stayed pending the outcome of that appeal. So what exactly will this mean for 3M earplug plaintiffs? Is that a lot of money? April 8, 2022 Update:The 8th day of the trialfeatured the cross-examination of 3Ms witness Dr. Casali. 3M may use the appeal as settlement leverage to get a deal done sooner rather than later. Plaintiffs attorneys pilloried Aearos analysis, calling it a sleight of hand.. Published By Miller & Zois, Attorneys at Law, 3M Faces Billions in Liabilities Over $7.63 Earplugs, consolidated in the Northern District of Florida, You served in the military between 2003 to 2015, You wore military-issued earplugs during service, You were exposed to loud sounds during military service, You have been diagnosed with hearing loss/tinnitus. Oppenheim Law 954-384-6114 The 3M earplug claim is a class-action lawsuit in which more than 300,000 of veterans are suing 3M for defective earplugs. This information is included in Aearo's estimation motion filed in the U.S. Bankruptcy Court in Indianapolis. It is incredible it does not feel like a lot anymore with all of the huge verdicts that we have had. November 14, 2022 Update: The judge in the bankruptcy filed by 3M subsidiary Aero Technologies has ruled that 3Ms law firm, Kirkland & Ellis, can continue to represent Aero in the bankruptcy. Getting this class action down to the soldiers who were truly harmed will advance an earplug settlement. Judge Rogers points out that it was only after 3M was unhappy with the outcome of the MDL that it suddenly changed its story and claimed that Aearo was actually the party with liability. After the Bankruptcy Court rejected 3Ms effort to extend the automatic stay and force the earplug claims to be resolved in bankruptcy, everyone was waiting to see how MDL Judge Casey Rodgers would respond. 3M claimed defense victories in Rounds 2, 5, and 6. This will be the big test of 3Ms government contractor defense. Dr. Packer has been an effective witness in prior trials. This victory for 3M follows its biggest loss in the earplug bellwether trials. The judge found that Aearos bankruptcy restructuring could proceed along with the continuation of the 3M earplug lawsuits. Still, Judge Rodges deemed the mediation worthwhile and productive The court-appointed mediator is scheduling another mediation session within the next 14 days. My lawyer said this is a stall tactic and will not work in the end. 3M also filed its appeal to the first bellwether trial. That is $20 billion. The 3M earplug claim is a class-action lawsuit in which more than 300,000 of veterans are suing 3M for defective earplugs. If you have a potential claim, do not delay. from around the world. We will see if this is the catalyst for meaningful settlement talks to resolve the 3M earplug class action lawsuit. In the first bellwether trial, the jury hit 3M with $7.3 million in punitive damages, but that was split between 3 plaintiffs. The more I think about this bankruptcy, the more I think it is going to backfire on 3M. But this will get the number of claims down. The 7th bellwether trial was held simultaneously in Tallahassee in the case of Guillermo Camarillorazo v. 3M Company, et al. January 21, 2023 Update: This will surprise you if you read our last update. In April 2019, the Judicial Panel on Multidistrict Litigation moved 3M Combat Arms Earplug Products Liability Litigation (MDL No. Because if it loses and the U.S. Supreme Court refuses to take the case, 3M will have fired the last arrow in its quiver. Bankruptcy Judge Jeffrey Graham denied 3Ms request. Rhodes casually brushed off the ruling by the Bankruptcy Court denying, which rejected 3Ms bankruptcy strategy. This ruling would have circumvented 3Ms current effort to force the earplug claims to be resolved in the Aearo bankruptcy. So what did they do? A federal judge has declared 3M earplug lawsuit settlement efforts to be at an impasse after the manufacturer pulled out of negotiations to resolve hundreds of thousands of hearing loss claims. According to Judge Rodgers, both sides have dug in on their opposing data interpretations and the massive gap between the two results is what has prevented any meaningful settlement progress. Our thinking, and it is just our lawyers speculation, is that 3M executives want to keep delaying taking that hit in the stock price and the pain that will come with that. K&E has been the primary defense firm in the earplug MDL, which prompted lawyers for the MDL plaintiffs to argue that K&E could not simultaneously represent Aero in its bankruptcy because it presented a conflict of interest. I think this is one point on which our 3M earplug lawyer and 3M have common ground. "@type": "Question", 3M has a choice. Now it may be time for Plan B: a comprehensive, and still costly, settlement process for US soldiers who claim hearing damage.. Judge Rodgers pointed out that she told juries that the companies were one and the same without any objection from defense lawyers. We get it. But this is something our lawyers will discuss with you. We summarize where we today in this litigation overview of the 3M litigation. She also said she would allow an immediate appeal of her successor liability ruling, a strong signal she may rule for the plaintiffs. The earplug bellwether trials with one plaintiff have required two weeks each. Im sorry for all the rhetorical questions. At 3:00 the jury submitted a question to the judge. 3M argued that the earplugs MDL is overrun with bogus claims by plaintiffs who are not being vetted and dismissed from the case. There were probably many reasons. After a 2-week trial before Judge Mark Walker, the jury came back with a verdict Monday afternoon. There will soon be 300,000 lawsuits filed. These 3M trials will have to be consolidated into groups of 50 soldiers to try at one time. On Sunday, Judge Mark Walker issued an order resolving the various objections by both sides to the proposed jury instructions. }}, The 3M earplug lawsuits will be very hard to settle even with parties motivated to settle and a federal judge breaking down the lawyers backs. This latest admonishment came after 3Ms lawyers sought to defy long-standing procedural rules regarding deposition designations. The approach applied by the plaintiffs results in a much smaller percentage of plaintiffs being excluded. Because 3M if it has any sense will want to settle these lawsuits before trials are remanded to be tried locally. Our lawyers are handling these cases. March 10, 2022 Update: Yesterday, the plaintiff in the upcoming bellwether trial (Steven Wilkerson) scored a solid victory when Judge Casey Rodgers granted his motion for summary judgment on all but one of three 3Ms affirmative defenses. Yet, there was nary a whisper that Aearo, and not 3M, was the only proper target, or even a target. The overriding takeaway from the presentation was that 3M and the plaintiff leadership have adopted vastly different interpretations of the injury data based on various metrics. Hopefully, later today or tomorrow, we are reporting on a large verdict for Mr. Sloan and Mr. Wayman. I understand that submitting this form does not create an attorney-client relationship. Why? April 13, 2022 Update: A majority of the nearly 300,000 plaintiffs with 3M earplug lawsuits in the MDL have their cases resting on the administrative docket, which means they can avoid the $402 filing fee until their case is activated. Wait what? The request was granted partly because plaintiffs in 3M earplug cases pending in Minnesota state court were attempting to use the ruling by Judge Rodgers as a shield in their cases. But what is striking is that 3M had the audacity to make this argument after the bankruptcy scheme was first concocted in the early spring of 2022. Reach out to us at 800-553-8082 or connect with us online. 3Ms Chief Legal Affairs Officer, Kevin Rhodes, claimed that the recent decision by the Bankruptcy Court rejecting 3Ms strategy was wrong and is being appealed directly to the Seventh Circuit. September 6, 2022: Just days after the Bankruptcy Court denied 3Ms motion to extend the automatic stay and effectively halt the 3M earplugs litigation, MDL Judge Casey Rodgers responded by issuing a new Order on Tuesday requiring 3M to take part in another settlement mediation. July 30, 2022: In a recently filed brief, 3M argued that its new bankruptcy strategy was necessary and justified because it claims that the earplugs MDL proceeding is broken beyond repair. 3M argued that the earplugs MDL is overrun with bogus claims by plaintiffs who are not being vetted and dismissed from the case. The 6th was a different story. April 7, 2022 Update: 3M presented two expert witnesses on Day 7: Jennifer LaBorde and Dr. John Casali. 3M will now be free to argue issues in the Aero bankruptcy that have already been ruled on in the MDL. At the same time, the plaintiffs brief in response to 3Ms appeal is due in the 11th Circuit early next month. If 3M foolishly continues to try these cases, the compensation payouts in this litigation will likely soar. A Tallahassee jury awarded the plaintiff $13.1 million in damages. My best guess and it is a guess is that the 3M earplug claims will settle this year but not before Wilkerson. They were developed by Aearo Technologies, which eventually sold their company to 3M. The judge will issue a show cause order and hold a hearing to determine whether 3M acted in bad faith by filing bankruptcy immediately after participating in a settlement mediation. No question, McKinley is the most important expert witness for the plaintiffs. The last case I referred to them settled for $1.2 million. How does 3M go about determining which plaintiffs have tinnitus or hearing loss that could be connected to the 3M earplugs? March 21, 2022 Update:The current bellwether trial is proceeding on schedule and should conclude at the end of this week with a final verdict hopefully coming Friday afternoon. Now that the bankruptcy play has failed, Judge Rodgers is pushing both sides to go back to the settlement table again. July 29, 2022 Update: In a recently filed brief, 3M argued that its new bankruptcy strategy was necessary because it claims that the earplugs MDL proceeding is broken beyond repair. They seemed fine availing themselves of the system until they started getting their brains beaten trial after trial. It asked the U.S. Bankruptcy Court for the Southern District of Indiana to deny Aearos choice of Kirkland as its bankruptcy lawyers. The MDL judge yesterday ordered over 20,000 lawsuits parked on the administrative docket transferred to the active docket within 60 days. The story which is behind a paywall, of course offers a general overview of the earplug lawsuits against 3M and an explanation of how the massive size of the litigation could end up costing 3M billions in liabilities. Last week, however, a top JP Morgan cautioned that 3Ms litigation liabilities could exceed the $33 billion the investment bank says is already baked into the price of 3M stock. The plaintiffs also filed a motion asking Judge Rodgers to preserve her prior Daubert rulings moving forward. October 14, 2022 Update: The U.S. Court of Appeals for the 7th Circuit has agreed to an expedited review of 3Ms appeal of the bankruptcy court decision that effectively blocked 3M from pulling the 230,000 earplug lawsuits into bankruptcy. But there is more reason for hope than after Judge Rodgers order on Wednesday. But it is the road less taken in 2022. October 7, 2022 Update: 3M stock lost billions of dollars in value yesterday. 3M should focus on settlement talks as opposed to this nonsense. Can I repeat that? The verdict? On Day 3 of the trial, the plaintiffs presented testimony from Elliott Berger. This is encouraging news. The fact that 3M is trying to involve the bankruptcy judge in the mediation suggests that they have no genuine interest in negotiating a settlement right now. There were some real weaknesses in that case for the victim in terms of prior inconsistent statements and other causes it could point to as sources of his pain and suffering. }} If you have a solid claim, you support this, too. Rhodes labeled the decision as wrong and noted that 3Ms appeal has been sent directly to the 7th Circuit. It is dragging the process out a little bit. There have now been 7 bellwether test trials in the 3M earplugs litigation. You can reach our earplug lawyers at 800-553-8082 for a free consultation. We were right. 3Ms big defense, that they seemed confident would succeed, to end these cases before they began was asserting that all claims are preempted by the Feres doctrine. The result in Palanki marked the 2nd win in a row for 3M in the bellwether trials (the Blum trial also resulted in a defense verdict). by Roy D. Oppenheim. These earplugs cost 85 cents to make. 3Ms lawyers know it will not be granted. In her 10-page Order, Judge Rodgers portrayed the Aearo bankruptcy as a scam. (3:19-cv-2324). Is the 3M Earplug Lawsuit Worth It? With no upcoming trial dates, there is no great pressure on 3M and the company has shown an unwillingness to be serious about offering reasonable earplug settlement amounts to resolve this litigation. These dark green and yellow earplugs were initially developed by Aearo Technologies, a company 3M bought in 2008. A previous motion was filed in August which also sought to block 3Ms bankruptcy strategy, but the MDL denied that motion because it was essentially premature. But that is the foundation of his presentation. There are currently about 233,000 cases in the MDL (down from the high of 282,902) and these cases will soon be returned to their home districts for trial in massive blocks of 500 lawsuits at a time. But, of course, 3M has already asked the bankruptcy judge to extend the automatic stay to protect 3M and Aearo. If the 3Ms appeal of the bankruptcy court decision is denied, however, this will all be moot. 3M also complains that everyone is getting it wrong multiple judges, juries, and financial analysts. The new deadline for Aearos brief is now December 12, 2022. Judge Rodgers ruled on pretrial motions in both cases earlier this week and the trials should begin on January 10, 2022. I dont think 3M wants to try another case and would like to find a way to settle these claims. Settlement is still an uphill slog. 3M has been wearing rose-colored glasses from Day 1 of this litigation. Aearo wanted to hire Kirkland & Ellis as bankruptcy counsel. To help push the settlement negotiations, Judge Rodgers appointed Randi S. Ellis as the special master for the mediation. Recently, however, a group of earplug plaintiffs filed a motion seeking to partially lift that stay concerning all cases alleging injuries occurring after 3M acquired Aearo in 2008. So now they fit. January 2022: Biggest Plaintiffs' Award Yet. August 31, 2022 Update: 3M filed its long-shot appeal of the recent Bankruptcy Court ruling by Judge Graham that blocked its controversial attempt to force the earplug lawsuits to be resolved within a Chapter 11 bankruptcy proceeding. Dont you have to look in the mirror at some point? In her Order staying the MDL, Judge Rodgers made clear will certify that decision for an immediate interlocutory appeal. Thousands of soldiers suffered complete or partial hearing loss and tinnitus because of faulty combat earplugs. One piece of bad news: the October 24th trial that was creating settlement pressure has been pushed back to February. Understandably. July 5, 2022: Settlement talks are now just ten days away. $110 million. October 3, 2022 Update: 3M spokesman Sean Lynch: 3M hopes that the parties and their attorneys will come together to negotiate a prompt resolution to this matter so that those veterans with eligible claims can be compensated sooner.. After the District Court trials, 3M placed the Aearo subsidiary in Chapter 11 protection in the U.S. Bankruptcy Court in Indiana. In her memorandum Order, Judge Rodgers explained that 3Ms argument failed because there was no evidence that Wilkerson intentionally concealed his claims against 3M to manipulate his bankruptcy. This is because 3M did not give precise specifications or even have a real contract with the military to provide these earplugs. Keeping score by Rounds is somewhat misleading, however, because Round 1 included the consolidated trial of 3 plaintiffs. November 17, 2022 Update: The judge in the bankruptcy filed by 3M subsidiary Aero Technologies has ruled that 3Ms law firm, Kirkland & Ellis, can continue to represent Aero in the bankruptcy. The judge granted the motion to stay as to a portion of the injunction but denied 3Ms effort to stay the injunction entirety. He spoke to the jury about the hearing injuries suffered. The primary theme of the presentation was that both sides have adopted different ways of interpreting the data regarding the hearing loss claims asserted by the plaintiffs. The transcript passed on to us by a veteran represented by another law firm is depressing. In addition to the caps on attorneys fees, the new law . The trial is scheduled to last two weeks and will be conducted before Judge Robin L. Rosenberg at the federal courthouse in Pensacola. Nearly one-quarter of plaintiffs whose hearing is impaired under AMA or WHO standards had those conditions before using 3M earplugs, the company added. Jan. 28, 2022. The fourth bellwether trial ended with a verdict in favor of Army veteran Brandon Adkins, who sought to link his hearing loss and tinnitus to use of 3M's earplugs. 3M is the St. Paul-based manufacturer, and seller of an earplug called Combat Arms. Judicial Panel on Multidistrict Litigation (JPML) to consolidate all defective earplug cases to a single federal court for coordinated pretrial proceedings. December 23, 2022 Update: The MDL Judge has imposed a significant sanction on 3M blocking it from pursuing the Aearo bankruptcy. ", The filing this week in U.S. Bankruptcy Court is the latest turn in the legal war between 3M and over 200,000 veterans and current service members over 3Ms Combat Arms CAEv2, which were once standard military issue. This 3M earplug lawsuit was filed by Army veteran Steven Wilkerson. I think this will happen, but this prediction would defy history. 3M loses. January 8, 2023 Update: Bloomberg reports 3M has spent over $450 million in defense costs in the earplug litigation. How Much Do You Pay A Lawyer For A 3M Lawsuit? But the result was stunning: $7.5 in compensatory damages; $15 million in punitive damages. It means that no matter where you are, your lawsuit will most likely be housed in Florida while these lawsuits proceed through the multidistrict litigation process. October 5, 2022 Update: No 3M earplug settlement remains. You can call any 3M earplug lawyer. I am always saying these are big earplug trials. Both Fallon and Crawford also spent over 20 years in the Army. This award included $816,395 in compensatory damages which broke down as follows: Past Pain & Suffering = $192,000, Future Pain & Suffering = $408,000, Future Loss of Earnings = $110,645, Future Medical Care = $105,750. The hearing will pay particular focus on the details of 3Ms agreement to assume Aearos liabilities as part of the deal. There is also reason to be pessimistic. Consistently, it is making the same obvious point now to the bankruptcy court: this was not the congressional purpose of the Bankruptcy Code. The final 3M earplug bellwether trial concluded this afternoon and the result was the most significant amount awarded to a single plaintiff. There is not much required from you besides filling out a 3M earplug lawsuit claim form. Why? October 2021: More Good News/Bad News for 3M. A 3-judge panel from the 7th Circuit found that an expedited appeal was appropriate because the decision will impact many people and establish a significant precedent. Using the Feres doctrine, the plan was to invoke the government contractor defense as a shield from state tort liability. August 1, 2022: The automatic stay granted to 3Ms subsidiary, Aearo Technologies, does not apply to 3M. The metric favored by 3M would result in a very large percentage of plaintiffs (as high as 85%) being classified as having no injury and excluded from any settlement. These kinds of cases can be quite complex. how much a 3M earplug lawsuit might be worth. Unlike most other plaintiffs, Camarilliorazo is still an active-duty service member with the rank of Sergeant in the U.S. Army. We want to eliminate the claims that are not meritorious because that will facilitate a 3M earplug settlement that makes sense for all parties. 3Ms subsidiary, Aearo Technologies (which made the earplugs at the center of the litigation) filed a voluntary chapter 11 bankruptcy today and will seek to create a trust fund for settlement of the thousands of pending earplug claims. But is it not important in the litigation. One small problemEleven out of 13 jury verdicts in favor of soldiers would fall into 3Ms not harmed category. Kevin Rhodes, 3Ms Chief Legal Affairs Officer, gave a somewhat delusional presentation at the Conference last Wednesday on the status of the earplug lawsuits. But no one seems to be connecting those dots. In her memorandum order, Judge Rodgers explained that Wilkerson was entitled to summary judgment on four out of the five affirmative defenses. So there is no upfront payment, fees, or expenses unless you recover money for your injuries. Nearly four years ago, in January 2019, an earplug victims attorney filed a motion asking the U.S. But you have to understand there are over 200,000 lawsuits as of December 2022 and there are few if any developments in individual cases. Does that mean the cases that deserve higher settlement compensation will get less? Failing to settle before that ruling would be an existential threat to 3M, a company founded 120 years ago. The trial resumed on Tuesday. With a slight pause as we switch to the Group D set of trials, we will see if 3M sees the wisdom in stopping the bleeding and offers soldiers reasonable settlement amounts. The summary judgment motion is aimed at preemptively blocking any continuing hope 3M may have of forcing the MDL lawsuits to be resolved in bankruptcy. So 3M is putting all of its eggs in the basket of a successful bankruptcy appeal and winning the successor liability appeal of the sanctions imposed by Judge Rodgers. February 14, 2023 Update: The hearing on the recent motion by the 3M plaintiffs to immediately dismiss the Aearo Technologies bankruptcy proceedings has been pushed back. The remainder of the day was spent on 3Ms final expert witness, Dr. James Crawford. Dr. Packer is an Ear, Nose & Throat specialist at Mercy Hospital in St. Louis. It is just a question of how much money 3M will pay to settle these claims. We will review your claim and advise you on your best legal options. Now is the time to do the right thing. We do not think the stock market still! There are no guarantees. If 3M is allowed to move forward with the bankruptcy, the current earplug lawsuits will be automatically stayed and the current plaintiffs will become creditors. The bankruptcy court will appoint a plaintiffs lawyer committee to negotiate with 3M on a global settlement of all claims. But with these three trials completed, it is hard to say what will get 3M in more of a reasonable settlement posture. New 3M Earplug Lawsuit Updates In August 2022, the court allowed the case against 3M to continue despite the fact that the company's subsidiary Aearo, which manufactured the earplugs,. August 17, 2022 Update: On Sunday, Judge Casey Rodgers issued an Order denying the recent motion by the earplug plaintiffs asking her to rule that 3M has sole liability for the earplug claims and has waived any successor liability defense. Conversely, if this appeal fails as I strongly suspect that it will, 3Ms quiver is empty and settlements become that much harder. August 11, 2022 Update: Judge Rodgers heard arguments today from veterans that Judge Rodgers should not allow a bankruptcy court the ability to stay the 3M earplug litigation. March 30, 2022 Update: Day 2 of the Denise Kelley trial featured 7 hours of testimony from Elliott Berger. The first defense witness was 3M scientist Dr. Eric Fallon, former chief Audiologist at Walter Reed Medical Center. "@context": "https://schema.org", The 3M headquarters in Maplewood, Minnesota.