![]() ![]() ![]() But Judge Rodgers is looking to avoid burdening plaintiffs - and the court that is overwhelmed by the paperwork - if the litigation is slowed or stopped. This would be incredibly unfair to victims and our lawyers do not think a judge will do it. The Order states that halting this process was necessary due to “recent developments” - a clear reference to the Chapter 11 bankruptcy filed by 3M subsidiary Aearo Technologies.Īll eyes now turn to Indiana Will the bankruptcy court in Indiana will agree to extend the automatic stay to 3M? This would effectively put the breaks, at least temporarily, on the entire 3M earplug class action lawsuit. If 3M is a proper defendant because it agreed to take on all of Aearo's debts and liabilities, the end run around this cynical bankruptcy might be to drop Aearo as a defendant so that the 3M earplug class action lawsuit can move forward against 3M only.Īugust 5, 2022: The judge in the MDL class action lawsuit issued a new order halting the ongoing process of transferring cases in the MDL from the inactive docket to the active docket. The hearing will be held to aid Judge Rogers in deciding whether to grant a motion that would prevent 3M from arguing that it is not the appropriate defendant in the over 200,000 earplug lawsuits. The hearing will focus on the terms of 3M’s assumption of Aearo’s liabilities as part of that acquisition.ģM is a defendant in all of these lawsuits. Judge Rogers will hold a hearing tomorrow to take a deep dive into 3M’s acquisition of its Aearo Technologies. Before making a final decision, Judge Rogers is awaiting further information and documents from 3M.Īugust 10, 2022: It has been over two weeks since 3M put Aearo into bankruptcy. She blasted 3M for intentionally creating the financial situation that allowed Aearo to file for bankruptcy. Judge Rogers had harsh comments for 3M during the hearing. This loss of hearing can be temporary, long-term, or even permanent in nature.August 11, 2022: The 3M Earplugs MDL Judge held her hearing today on the recent motion that would hold 3M solely liable for the defective earplugs claims, thereby circumventing the recent attempt by 3M to pull the MDL into the bankruptcy filed on behalf of its subsidiary Aearo Technologies. The complications that can result from this defect include severe loss of hearing and tinnitus (a loud and persistent ringing, buzzing, clicking, or humming in the ear) due to exposure to loud noises. While it’s difficult to know exactly how many military personnel have been affected, it is reported that over 15,000 packages of Combat Arms Earplugs™, with 50 pairs each, were provided per year under a 2006 contract with the Department of Defense. Thousands of soldiers both in and out of combat zones between the years of 20 may have used these earplugs and fallen victim to the defect. Plaintiffs allege that the earplugs were too short for insertion and did not properly fit the ear canal, making them ineffective at protecting the user’s hearing. When inserted, one end was intended to completely block sound, while the other was meant to reduce loud noises, like explosions and gunfire, while still allowing soldiers to hear important commands and nearby conversations. ![]() The dual-sided earplugs were intended to have two different functions. ![]()
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