So everyone can win here. July 8, 2022: 3M wants to weed out every 3M earplug lawsuit that is not a viable claim. January 2022: Biggest Plaintiffs' Award Yet. How Much Longer Will 3M Earplug Lawsuit Take? If you believe you may qualify for a 3M earplug lawsuit and need assistance filing a 3M earplug claim, call 1-800-525-7111 today. The design of these earplugs was a comedy of errors. So the average trial a few had multiple plaintiffs results in an average payout of $30 million per trial. 3M has used Casali as an expert in all of the previous trials. As self-serving as it is to say, our lawyers get this question constantly. So if you are sitting on the sidelines and have not brought a 3M earplug lawsuit but are considering it, now is the time to act. 3M hid design flaws and doctored test results, while also failing to provide proper instructions on how . If 3M foolishly continues to try these cases, the compensation payouts in this litigation will likely soar. See October 11, 2022 update below. Dr. Packer has been an effective witness in prior trials. Now that the bankruptcy plan has been rejected, Judge Rodgers has decided to force 3M to march right back to the settlement table and do it again. Our attorneys only get a fee if you get compensation. Rhodes casually brushed off the ruling by the Bankruptcy Court denying, which rejected 3Ms bankruptcy strategy. Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! Of course. 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. But more saliently, the 3Ms maneuver to change the forum of litigation from civil trials to bankruptcy to avoid the wrath of juries raises the specter of abuse which must be guarded against to protect the integrity of the bankruptcy system the court highlighted in J&J talcum powder generated bankruptcy. But she will allow an immediate appeal of her ruling. The verdict was reduced as expected because Waymans case is governed by Colorado law and the $55 million exceeded Colorados statute damages cap. So they keep kicking the can down the road while hoping for a miracle from the 11th Circuit. 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. Last week, the MDL judge granted a summary judgment motion by Beal, which effectively blocks 3M from presenting nearly all of their affirmative defenses, including contributory negligence. Casali is 3Ms go-to expert, a foremost authority in audiology, acoustics, and hearing protection. Yes, you can still join the 3M lawsuit if you developed a hearing-related condition or injury as a result of using 3M earplugs in the military. This time, however, the summary judgment motion has a much better chance of being granted, and Judge Rodgers may be inclined toward it. K&E has been the primary defense firm in the earplug MDL. But right before round two of the settlement mediation ordered by MDL Judge Casey Rodgers, top executives at 3M were at a conference spewing nonsense to financial analysts that the company was still moving forward with its bankruptcy strategy. What does this mean? July 27, 2022 Update: 3Ms new strategy to resolve the earplug lawsuits in a bankruptcy proceeding is being directed by new legal counsel that the company recently retained to help deal with their mounting litigation troubles. His testimony has been used to establish that the earplugs were defective and that this design flaw was not communicated to the military. The claimants in this MDL are all veterans who have fought and sacrificed their lives for the sake of the country's honor. This is encouraging news. 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. In April 2019, the Judicial Panel on Multidistrict Litigation moved 3M Combat Arms Earplug Products Liability Litigation (MDL No. Incredibly, the $50 million was all compensatory damages (there are no punitive damages available under Indiana law). The likelihood of 3M succeeding with the statute of limitations defense now or later down the line is almost zero, so this decision is almost a complete victory for Wilkerson. August 25, 2022 Update: As of 9:07 a.m. no ruling from Judge Graham. All Rights Reserved. 3M is facing more than 240,000 claims by veterans and service members over the earplugs, known as Combat Arms Earplugs Version 2. March 30, 2022 Update: Day 2 of the Denise Kelley trial featured 7 hours of testimony from Elliott Berger. How does 3M go about determining which plaintiffs have tinnitus or hearing loss that could be connected to the 3M earplugs? The jury returned today to continue deliberations. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. For the first time, this litigation has meaningfully impacted 3Ms stock price. This is not a deadline you can miss. 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. The gist of the argument is that any difference between the two companies is pure form over substance. "text": " As self-serving as it is to say, our lawyers get this question constantly. by Roy D. Oppenheim. The settlement payouts will likely be less. "acceptedAnswer": { On Day 5, the jury heard from Dr. Mark Packer, an Ear Nose & Throat expert from Mercy Hospital in St. Louis. A trial scheduled for next month was dismissed, because the veteran's injury was "unrelated to noise-induced. October 24, 2022 Update: 3M wants to pretend that Aearo is a separate company from 3M. This insultingly low amount would net each plaintiff a mere $5,000. Failing to settle before that ruling would be an existential threat to 3M, a company founded 120 years ago. Keeping score by Rounds is somewhat misleading, however, because Round 1 included the consolidated trial of 3 plaintiffs. December 23, 2022 Update:The MDL Judge has imposed a significant sanction on 3M blocking it from pursuing the Aearo bankruptcy. July 13, 2022: 3M filed a brief asking the court to extinguish judgments in the nine cases they lost. Still, Judge Rodges deemed the mediation worthwhile and productive The court-appointed mediator is scheduling another mediation session within the next 14 days. Day 6 of the trial featured a series of short video deposition clips and testimony from the plaintiffs wife, Heather Beal, and several other fact witnesses, including friends or family members of Mr. Beal. 3M claimed defense victories in Rounds 2, 5, and 6. Call 954-384-6114. Eventually, 3M agreed to pay a $9.1 million settlement to the DOJ to resolve lawsuit allegations that it supplied the Pentagon with defective equipment and for failing to disclose the design flaw. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. This appears to be the first initial step toward Phase 2 of the earplug bellwether trials. May 17, 2022: Lets get you up to speed on what is happening in the Beal trial. Will this be the settlement value for the 3M lawsuits? Beal was awarded $77.5 million! September 19, 2022 Update: There was no settlement from the settlement talks last week. Need an attorney for the 3M Earplug Lawsuit? It was far from a perfect case from the plaintiffs perspective. The problem with bankruptcy, however, is that it will slow down the settlement process, and the amount of the settlement payouts will probably be lower. 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. 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. Aearo wanted to hire Kirkland & Ellis as bankruptcy counsel. 3M is a historically significant company, a piece of America. That being said, there have been seven successful verdicts that have awarded plaintiffs compensation for suffering injuries like hearing loss and tinnitus due to 3M's negligent manufacturing and . But if I was and I heard this presentation predicated on this delusional nonsense, I would short 3M stock like crazy. $110 million. July 5, 2022: Settlement talks are now just ten days away. The conference has been set for next Monday, February 13, 2023. January 3, 2022 Update: The 3M earplug bellwether trials will resume on Monday with a pair of simultaneous trials featuring plaintiffs Ronald E. Sloan and Williams Wayman. August 29, 2022: This Fortune article has a quote that is on point: Like most things that sound too good to be true, [the bankruptcy option] was. Fallon holds a doctorate in audiology and works for 3M as a Technical Senior Service Specialist. Acting through its puppet subsidiary Aero Technologies, 3M has asked that the judge in Aeros chapter 11 bankruptcy, Hon. The 3M earplug lawsuit will settle when 3M finally realizes that it cannot keep deferring the resolution of this litigation. So that is an issue that plaintiffs lawyers have to deal with in these cases. December 17, 2022 Update: 3M filed its appellate brief in the 3rd Circuit asking the court to overrule Judge Grahams order that 3M cannot piggyback off of Aearo and stay earplug lawsuits again it. Yet, there was nary a whisper that Aearo, and not 3M, was the only proper target, or even a target. It asked the U.S. Bankruptcy Court for the Southern District of Indiana to deny Aearos choice of Kirkland as its bankruptcy lawyers. The earplug litigation is by far the largest mass tort in history. 3M was aware that the dual-ended Combat Arms earplugs were a defective product but failed to disclose this to the military. Our 3M earplug lawsuit attorneys get calls and online inquiries about this litigation every single day. And it is the right time for 3M to settle these cases. Dr. Crawford is an ENT doctor specializing in hearing protection. Hopefully, 3M will offer reasonable settlement amounts to these plaintiffs and thousands next month before a ruling is needed. Judge Rodgers concluded by announcing that she will be issuing a show cause order and holding a hearing to determine whether 3M acted in bad faith by filing bankruptcy immediately after participating in a settlement mediation. The judge found that Aearos bankruptcy restructuring could proceed along with the continuation of the 3M earplug lawsuits. July 16, 2022 Update: Should you be optimistic or pessimistic going into the settlement talks heading into Day 2 today? The U.S. approved reasonably precise specifications; The equipment conformed to those precise specifications; and. 3M has not declared bankruptcy but it will try to piggyback on the Aearo bankruptcy to stop the litigation from moving forward, hoping to resolve the outstanding claims in bankruptcy court instead of having to face juries that believe their conduct was reprehensible. But the MDL Judge flatly rejected the motion and criticized 3Ms lawyers for even bothering to file it. This award brings the total amount of damages in the bellwether trials to $300 million. Over the last 30 days, another 2,604 new earplug cases were added to the MDL, bringing the current pending case count to 265,092, At its peak, the MDL was just under 300,000. 3M put all of its hopes in a contrived bankruptcy scheme that two federal judges have already rejected. This information is included in Aearo's estimation motion filed in the U.S. Bankruptcy Court in Indianapolis. There will be a day or reckoning. If you have thoughts about the 3m earplug lawsuit, let us know in the comments below. In her memorandum order, Judge Rodgers explained that Wilkerson was entitled to summary judgment on four out of the five affirmative defenses. But the per-person payouts must be high enough to entice victims to settle. March 2, 2023 Update: We wrote a separate post on the 3M estimation motion that announced most plaintiffs suffered no injury. by Roy D. Oppenheim. Now retired, he was the former head of the 3M Personal Safety Division and an audiology scientist. December 15, 2021 Update: $22.5 million verdict in Finley last Friday. The hearing will pay particular focus on the details of 3Ms agreement to assume Aearos liabilities as part of the deal. But this will get the number of claims down. But these settlement amounts and timing predictions… are just pure speculation. " It is also a distraction from the path to a fair settlement that is in everyones interest. This will be the big test of 3Ms government contractor defense. If granted, this would potentially pave the way for Aearo to be simply dismissed as a defendant in the MDL, thereby side-stepping its recent bankruptcy. It is. Settlement is still an uphill slog. Aearo will ask the bankruptcy court to pause the litigation. We want to eliminate the claims that are not meritorious because that will facilitate a 3M earplug settlement that makes sense for all parties. None of which have been granted. There have now been 7 rounds of bellwether trials involving 9 plaintiffs in the 3M earplugs litigation. 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. This ruling could knock the bankruptcy issue out of play. October 11, 2022 Update: The 3M earplug plaintiffs filed a motion in the MDL asking for summary judgment on whether 3M can be held solely and independently liable for the earplug injuries. 3M has filed similar motions in all of the previous bellwether trials and all of them have been denied. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The motion is an effort to block any remaining hope 3M may have of forcing the litigation into bankruptcy via its Aearo subsidiary. We are off to a good start. Because bankruptcy is a more equitable system for valuing claims for settlement than the civil justice system we have had for hundreds of years in this country? The Court has already agreed to expedite the appeal. October 4, 2022 Update: Judge Rodgers pushed back the David George trial set for October 24, 2022, to February 13, 2023, in an order signed yesterday. Sloan is another Army vet who is alleging that the Combat Arms earplugs failed to protect him resulting in both hearing loss and tinnitus. If might want to bring a claim, hurry. The claimants in this MDL are all veterans who have fought and sacrificed their lives for the sake of the country's honor. Two more test trials are set for January 2022. The speculated cause is that news leaked that earplug litigation settlement talks were going poorly. Now is the time to do the right thing. What to know about the 3M Earplug lawsuit Claimant awarded $50 million by 3M for suffering hearing damage after using combat earplugs More than 280,000 former and current army veterans suffered from hearing loss and severe tinnitus. February 7, 2023 Update: Plaintiffs lawyers smell blood in the water to kill 3M bankruptcy gambit. Here is the money quote, quoting University of Richmond law professor Carl Tobias: $466 million is a lot of money to spend on lawyers and defense costs, not to mention the reputation harm theyre doing to themselves with all these trial losses.. Is the 3M earplug lawsuit worth it? December 20, 2021 Update: Another bellwether test trial concluded last week in the 3M Combat Arms Earplugs litigation. "@type": "Question", The contact form sends information by non-encrypted email, which is not secure. If nothing else, it is good momentum going into the 3M earplug settlement talks set to being on July 15, 2022. The bright spotlight of the WSJ story could end that. September 1, 2022: 3M noted its appeal of the bankruptcy ruling on Monday. Our law firm handles 3M earplug lawsuits throughout the country. 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. The motion argues that the stay should not apply to these suits because they do not involve claims of direct liability against Aearo. The mandatory settlement conference ordered by the MDL Judge for next month appears to be what captured this recent attention. Sloan was then cross-examined by 3Ms lawyers for about 90 minutes. June 27, 2022 Update: The Sunday edition of the Wall Street Journal featured an article entitled 3M Faces Billions in Liabilities Over $7.63 Earplugs. Judge Rodgers is helping their efforts. We still believe the majority of these lawsuits will settle in 2022. My favorite line from the order: Furthermore, it is nonsensical to argueas 3M hasthat a stay of the Courts injunction promotes the public interest.. We think this was the wrong call. If the best cases do not receive settlement offers commensurate with the harm done to them, those plaintiffs will just reject the settlement amounts offered and opt to go to trial. We may know more after the October 2022 settlement talks. Our 3M earplug lawyers have not used these updates as a call us plug. I also understand that Miller & Zois works with multiple law firms on these claims and that I may be contacted by an affiliated law firm working with Miller & Zois on these lawsuits. I dont think 3M wants to try another case and would like to find a way to settle these claims. There is not much required from you besides filling out a 3M earplug lawsuit claim form. 2023 Stars and Stripes. July 26, 2022 Update: 3M is trying to play the bankruptcy card, placing Aearo into bankruptcy. Does that mean the cases that deserve higher settlement compensation will get less? Is The 3M Earplug Lawsuit Worth It? "@type": "Answer", Product Negligence and Defective Design Lawyer | Personal Injury Attorney. These veterans can now sue 3M and demand financial compensation. After the District Court trials, 3M placed the Aearo subsidiary in Chapter 11 protection in the U.S. Bankruptcy Court in Indiana. There have been some bell weather trials and most have been for the veteran / plaintiffs. Rogers hit 3M with this unprecedented sanction for what she described as 3Ms brazen abuse of the litigation process. The sanction prevents 3M from avoiding liability for the earplug claims by shifting blame to Aearo Technologies, the subsidiary which filed bankruptcy in August. Last week, the MDL judge granted a motion filed by Beal which effectively blocks 3Ms defense team from presenting their contributory negligence and other affirmative defenses at trial. There are two sides to this coin. One piece of bad news: the October 24th trial that was creating settlement pressure has been pushed back to February. The message is clear: if you do not want to offer reasonable settlement amounts, you better gear up for a massive wave of additional trials next year. That is $20 billion. 3M has been wearing rose-colored glasses from Day 1 of this litigation. 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. 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. It is just a question of how much money 3M will pay to settle these claims. "name": "What Settlement Amounts Do You Expect for the Average Individual 3M Earplug Lawsuit? Palanki spent nearly two days testifying, during which the defense focused on his medical history. If anything will push 3M to offer reasonable individual settlement amounts in the earplug lawsuits, it will be pressure from Wall Street for 3M to take its lumps and wrap up this litigation. 3 of the 9 plaintiffs lost and were awarded $0 damages. Judge Rodgers expressed apparent regret and frustration. Preparing this many cases is a logistical nightmare. But a global 3M earplug settlement after three days of negotiations seems unlikely. It means 3Ms bankruptcy gambit failed as I predicted from the beginning. (Anthony Souffle, Minneapolis Star Tribune/TNS). Unlike most other plaintiffs, Camarilliorazo is still an active-duty service member with the rank of Sergeant in the U.S. Army. The next bellwether trial begins today in the case of Denise Kelley. The 7th bellwether trial was held simultaneously in Tallahassee in the case of Guillermo Camarillorazo v. 3M Company, et al. The trial is scheduled to last two weeks and will be conducted before Judge Robin L. Rosenberg at the federal courthouse in Pensacola. So the U.S Trustee, the DOJs bankruptcy watchdog, was forced to intervene. The day finished up with video testimony from former Aearo employee Ronald Kieper. October 7, 2022 Update: 3M stock lost billions of dollars in value yesterday. January 20, 2023 Update: On Wednesday, the Judge in the 3M earplugs MDL canceled the court-sponsored earplug settlement mediation that had continued intermittently for the last year and a half. Call a lawyer today. June 15, 2022 Update: Settlement conference in 3M lawsuit set for July 15, 2022. May 19, 2022: Day 8 of the trial featured live testimony from 3M expert witness Dr. John Casali from Virginia Tech University. 3M also filed its appeal to the first bellwether trial. December 4, 2022 Update: Ever since 3M had its subsidiary, Aearo Technologies, file bankruptcy, the proceedings in the 3M earplugs class action MDL have been frozen by an automatic stay. May 19, 2022 Update: On the 8th day of trial, 3M put their expert, Dr. John Casali, on the stand. But it seems unwise to go out of your way to create enmity with the judge and the judge trying the Beal case. On Friday, 3M Earplugs MDL Judge Casey Rodgers issued an Order requiring the parties to participate in settlement mediation. Plaintiffs claim the earplugs were defective, causing them hearing loss and tinnitus. March 25, 2022 Update:Yesterday, Judge Walker issued a 1-page order denying 3Ms Motion for Judgment as a Matter of Law that was filed at the close of the plaintiffs case. The motion sought a stay on the enforcement of the Courts recently entered All Writs Act injunction, the ruling that 3M may not ask other courts to reconsider Judge Rodgers rulings in the 3M earplug class action lawsuit. The 3M earplug lawsuit is best described in this way. 3M had an exclusive contract with the U.S. military via the U.S. Department of Defense. (For context, this $33 billion also includes the PFAS lawsuits.) May 20, 2022: $77.5 Million Verdict! May 11, 2022: Over 20,000 3M earplug lawsuits were dismissed from the 3M earplug class action lawsuit this week after the plaintiffs failed to file the necessary paperwork required to keep their case active. The doctrine bars service members and civilian government employees from bringing claims against the U.S. government for injuries that arose out of or were sustained while engaged in activity incident to service.. October 14, 2022 Update: The Seventh Circuit Court of Appeals has agreed to an expedited review of 3Ms appeal seeking to reverse the bankruptcy court decision in Indiana. This information is included in Aearo's estimation motion filed in the U.S. Bankruptcy Court in Indianapolis. This is a tough argument to make. But none that matter. 3M was counting on winning Wilkerson to keep afloat the idea that "they win some, we win some" and only the best 3M earplug lawsuits have real value. This is a huge deal because it means that the pending appeal in the Aearo bankruptcy is basically meaningless. This ruling theoretically renders the Aearo bankruptcy appeal to the 3rd Circuit moot, as the MDL plaintiffs are now free to go after 3M separately. But he implied that the mediation was aimed at resolving the bankruptcy proceeding, rather than an effort to negotiate a global settlement in the MDL. We get it. 3M Combat Arms Earplug Lawsuit Attorneys Thousands of veterans and current military service members may be entitled to receive financial compensation in the 3M earplug lawsuit for hearing loss and tinnitus caused by defective earplugs. The lawsuits are affecting 3M shares and signal a warning to other companies that liability risks may outweigh the gains from manufacturing similar protective products. The plaintiffs are still in their case so dont expect a verdict soon. But if you do not like the settlement amount you are offered, you can opt-out of the settlement and take your case to a jury. The MDL plaintiffs are now free to go after 3M separately. Back to the settlement table. Beals testimony was followed in the afternoon by the plaintiffs expert Dr. Christopher Spankovich, a clinical audiologist at the University of Mississippi Medical Center. She points out that [f]rom the start, Aearo was a party to this litigation in name only. The judge refers to 3Ms recent strategy to have Aearo assume full liability for the earplug claims and then file bankruptcy as a scheme designed to avoid the MDL. "@type": "Answer", Vaughn was a case with a lot of weaknesses. The judge in the earplugs MDL, Casey Rodgers, harshly rebuked 3M and its lawyers at a hearing on Wednesday. 3M also presented the jury with video deposition testimony clips from a handful of fact witnesses, including Heather Beal, the plaintiffs wife. We are contingency fee lawyers. I think this is one point on which our 3M earplug lawyer and 3M have common ground. After a 2-week trial before Judge Mark Walker, the jury came back with a verdict Monday afternoon. Contributory negligence will not be at issue in this trial as Judge Rodgers granted summary judgment on that issue to the plaintiff earlier this month. Thousands of veterans and current military service members may be entitled to receive financial compensation in the 3M earplug lawsuit for hearing loss and tinnitus caused by defective earplugs. In an official company statement, 3M described the verdict in Palanki as an important demonstration that jurors agree 3Ms CAEv2 product was safe and effective to use. But then the big verdict came just a few days later. 3M earplugs were standard-issue equipment intended to protect service members from hearing loss. It might involve settlements for the lawsuit inventory of specific law firms, as opposed to a global settlement for all plaintiffs. He spoke to the jury about the hearing injuries suffered. September 7, 2022 Update:After being forced back to another mediation following the rejection of its questionable bankruptcy strategy, 3M is now seeking to have its puppet subsidiary take part in the mediation and involve the bankruptcy judge in that mediation. Plaintiffs lawyers contend in this brief and throughout this litigation that 3M is not a government contractor entitled to protection under the Feres Doctrine. 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 it is the road less taken in 2022. 3M (NYSE:MMM) on Thursday rose as much as 4.3% after a news report said the company claimed that U.S. Department of Defense records for more than 175,000 plaintiffs in the Combat Arms lawsuits . The average settlement payout for a 3M earplug lawsuit can change, but according to the Times' 2022 report, nine of the 14 plaintiffs were . Day 1 of the Kelley trial saw the jury selected by midday and opening statements for both sides. That data here shows we have a good statistical understanding of what all of the claims are about. 3M may use the appeal as settlement leverage to get a deal done sooner rather than later. Meanwhile, the parties have agreed to continue Wave 3 discovery deadlines within the MDL. This would seem to be a small problem for 3M. The battleground is the government contractor defense our earplug lawyers talked about from Day 1 of this litigation. Actually, 3M lost $50 billion in market value. McKinley has testified in all the previous bellwether trials, although this is the longest time he has spent on the stand. May 4, 2022 Update: A new phase of the 3M earplug lawsuit is coming. Recently, however, a group of earplug plaintiffs filed a motion seeking to partially lift that stay with respect to all cases alleging injuries occurring after 3M acquired Aearo in 2008. The pressure on 3M to offer reasonable settlement amounts and get the bulk of the 288,000 and climbing lawsuits settled has increased with the last big verdict. First, it's important to note that the circumstances of each of the thousands of cases vary greatly. There is no question that the logistical challenges in the 3M earplug lawsuit also extend to settlement. Specifically, we would like your opinion on. There have now been 7 bellwether test trials in the 3M earplugs litigation. Blog Home. Yesterday, however, Judge Graham pushed the hearing date back to April. That does not sound good, right? 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. May 20, 2022 Update: Good golly!
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