In cases where an MDL judge believes the claims have merit, the judge always wants a successful resolution to the litigation and that means a settlement. The conference has been set for next Monday, February 13, 2023. March 29, 2022 Update: 3M earplug trials follow a typical pattern, and this new lawsuit to go to trial fits easily in that pattern. . It did not begin well. Our lawyers are handling these cases. 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. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. No question, McKinley is the most important expert witness for the plaintiffs. Procedurally, 3Ms appeal will either go to the U.S. District Court for Indiana or the Bankruptcy Appellate Panel. 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.. What does this mean? March 2, 2023 Update: We wrote a separate post on the 3M estimation motion that announced most plaintiffs suffered no injury. Under the approach favored by the plaintiffs, a much smaller percentage of plaintiffs would be excluded. But the MDL Judge flatly rejected the motion and criticized 3Ms lawyers for even bothering to file it. Plaintiffs claim the earplugs were defective, causing them hearing loss and tinnitus. 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. The award in the 11th bellwether trial is the largest verdict yet to result from hundreds of thousands of lawsuits over the earplugs. This creates a problem not only for those more seriously injured but also for 3M. "name": "I Never Hear from My Lawyer. Those deliberations have now extended into the afternoon. This is not a deadline you can miss. Back to the settlement table. (It might just be hedge funds accessing the risk and shorting 3M stock on the litigation risk. The fear of this kind of damage averaging is larger claims will get settlement offers that undervalue their claims. 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. 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. But if there is a settlement, it will be tough to find a lawyer after a settlement is reached. It is not. It is inexplicable and it is not advancing 3Ms interests. The nonlinear dual-ended Combat Arms Earplug Version 2 (CAEv2) was supposed to protect users by filtering peak-level noises. Nearly four years ago, in January 2019, an earplug victims attorney filed a motion asking the U.S. His reasons for the denial were articulated by the Judge from the bench during the trial. They quite literally worked as hard as if not harder than the doctors to save our lives. The only problem is that 3M will be able to file an immediate appeal of this ruling (which it certainly will), and the MDL cases will be stayed pending the outcome of that appeal. Dont you have to look in the mirror at some point? This is because 3M did not give precise specifications or even have a real contract with the military to provide these earplugs. On Monday, a jury was picked and the parties gave opening statements. October 11, 2022 Update: The plaintiffs in the 3M earplugs MDL filed a motion seeking summary judgment on the issue of whether 3M is fully and independently liable for all injuries related to the earplugs. A seasoned judge who has been on the federal bench for eight years, this will be Judge Rosenbergs first earplug trial. Contact us and we can investigate your case and tell you whether or not you may have a valid claim against 3M. The only thing of note to us is that it was less vitriolic against the judges who dared to rule against 3M than we have seen in previous motions. Mr. Berger is a retired scientist from 3Ms Personal Safety Division and an expert in audiology. Judge Casey Rodgers will hold a hearing tomorrow to learn about the details of 3Ms acquisition of Aearo Technologies (the subsidiary that is now filing for bankruptcy). Sloan filed a motion asking for prejudgment interest on the $15 million in compensatory damages. The Justice Department settled a lawsuit with 3M in July 2018 that the company defrauded the government by selling earplugs with "dangerous design defects" to the military for "more than a decade" from 2003 to 2015. Unlike most other plaintiffs, Camarilliorazo is still an active-duty service member with the rank of Sergeant in the U.S. Army. But it is also true that there is no cost to bring a claim and no risk. But the verdict is unlikely to move the needle in settlement negotiations. This ruling would have circumvented 3Ms current effort to force the earplug claims to be resolved in the Aearo bankruptcy. Ive said over and over that I believe 3M is a good company that just refuses, for whatever reason, to take an honest look and the exposure it has in this litigation. Based on prior verdicts and settlements in cases involving hearing loss, we expect the trial value of 3M earplug cases to be somewhere between $25,000 and $300,000 per person (notwithstanding the over $2 million per person the plaintiffs received in the first hearing protection trials). 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. 3M has been wearing rose-colored glasses from Day 1 of this litigation. October 6, 2022 Update: 3M canceled the settlement talks set for October 6, 2022. The Order appoints Randi S. Ellis as the special master to oversee the negotiations and required that the mediation last a minimum of three days and be scheduled by July 15, 2022. Judge Rodgers stated that a perfectly solvent defendant such as 3M should not be entitled to bankruptcy protection simply because the MDL is not going the way it wants. This information is included in Aearo's estimation motion filed in the U.S. Bankruptcy Court in Indianapolis. January 8, 2023 Update: Bloomberg reports 3M has spent over $450 million in defense costs in the earplug litigation. But it does not appear to be a good sign for those of us who were hoping that 3M might finally be ready to make a serious effort to settle the earplug lawsuits. The hearing will help Judge Rodgers rule on whether to grant a motion that would prohibit 3M from arguing that it is not a proper defendant in the earplug cases. 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. We were right. Monday was a day off from the MLK holiday. There is simply no route for 3M to resolve this litigation if it continues to take the offensive and impractical position that 90 percent of servicemembers and veterans are liars with worthless claims.. The important thing is that you call today so you do not risk missing the deadline to bring a lawsuit. 3M was hoping to get some wins to decrease settlement amounts. This is the second bellwether trial that resulted in punitive damages. The United States military said the company knowingly sold it defective earplugs. Judge Rodgers explained that the presentation will help educate plaintiffs lawyers not on the leadership committees about the nature and scope of the claims. 3M is convinced that not all of these plaintiffs have valid claims. So when will the 3M earplug lawsuit settle? If we were keeping score by Rounds, the plaintiffs would be ahead 4 to 3. Rodgers used 3Ms public statements in support of the bankruptcy plan as justification for the settlement mediation redo. Actually, 3M lost $50 billion in market value. The transcript passed on to us by a veteran represented by another law firm is depressing. The last case I referred to them settled for $1.2 million. by Roy D. Oppenheim. Rhodes casually brushed off the ruling by the Bankruptcy Court denying, which rejected 3Ms bankruptcy strategy. 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. So what did they do? That might be a problem for 3M. This [Aearo] filing is yet another illustration of the bad faith exhibited by 3M, they said. A federal jury on Friday awarded a U.S. Army veteran $8.2 million after finding that combat earplugs sold by 3M Co caused him to suffer hearing loss and tinnitus, the biggest verdict yet against . It means the appeal will be heard faster than it was sent through the usual channels. We want to eliminate the claims that are not meritorious because that will facilitate a 3M earplug settlement that makes sense for all parties. 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. Acting through its puppet subsidiary Aero Technologies, 3M has asked that the judge in Aeros chapter 11 bankruptcy, Hon. You can also find our latest thoughts on when the 3M earplug lawsuit will settle in light of recent developments. 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. This is good. The trial value could be in this range or even higher (much higher for the first three victims, as it turns out). We never like to see plaintiffs have their cases dismissed. The judge granted the motion to stay as to a portion of the injunction but denied 3Ms effort to stay the injunction entirety. How does 3M go about determining which plaintiffs have tinnitus or hearing loss that could be connected to the 3M earplugs? We are contingency fee lawyers. But is the number 75% or 90%? 3M Earplug Lawsuit in Texas, Oklahoma, and Louisiana Experienced. 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. March 15, 2022 Update: The Wilkerson and Vilsmeyer bellwether trials began today. So there is no upfront payment, fees, or expenses unless you recover money for your injuries. 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. But if I was and I heard this presentation predicated on this delusional nonsense, I would short 3M stock like crazy. Aearo also is named as a defendant in the earplug suits against 3M. 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 speculated cause is that news leaked that earplug litigation settlement talks were going poorly. That is the question many veterans have asked our lawyers in the last week. There are few of you out there who have yet to bring a lawsuit. Casali has testified in previous bellwether trials. 3M also argues that punitive damages should be off the table. Why the fraud committed by 3M constitutes a serious crime? February 27, 2023 Update: The federal government is with us. March 22, 2022 Update: Plaintiff Steven Wilkerson closed his case yesterday and 3M immediately filed a motion for judgment as a matter of law. One piece of bad news: the October 24th trial that was creating settlement pressure has been pushed back to February. Our law firm handles 3M earplug lawsuits throughout the country. Dr. Packer has been an effective witness in prior trials. "@type": "Answer", This is not a good dynamic for 3M who would rather not battle a group of soldiers in the courtroom. Product Negligence and Defective Design Lawyer | Personal Injury Attorney. { This means that the proceedings in the earplug lawsuits can technically continue against 3M. December 23, 2022 Update: MDL Judge Casey Rodgers brought down a mighty hammer on 3M yesterday afternoon. "@type": "Answer", The trial resumed on Tuesday. Our lawyers looked at the applicable law and believed the plaintiffs would defeat this argument. Settlement talks without imminent trial dates will be spinning wheels with 3M. Posted on October 27, 2021 in Class Actions . These defective earplugs have led to hearing damage, tinnitus, and other conditions, according to thousands of service members. On Wednesday, the plaintiffs presented the testimony of Elliott Berger (via Zoom video call). I dont think 3M wants to try another case and would like to find a way to settle these claims. If you have a solid claim, you support this, too. On Friday, 3M Earplugs MDL Judge Casey Rodgers issued an Order requiring the parties to participate in settlement mediation. Most of those soldiers were not protected by the defective earplugs and suffered permanent hearing loss. The claimants in this MDL are all veterans who have fought and sacrificed their lives for the sake of the country's honor. But, of course, 3M has already asked the bankruptcy judge to extend the automatic stay to protect 3M and Aearo. 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. This ongoing dispute between Judge Rodgers and 3Ms defense attorneys wont impact the outcome of the Beal trial. 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. Meanwhile, however, Judge Rodgers order means that thousands of earplug plaintiffs can avoid having to produce documents to support their claims and pay filing fees. 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. June 28, 2022: On Sunday, the Wall Street Journal released a story entitled 3M Faces Billions in Liabilities Over $7.63 Earplugs. The 3M earplug lawsuit will settle when 3M finally realizes that it cannot keep deferring the resolution of this litigation. The unspoken part of most of 3Ms arguments is that they have hurt so many people they should be given special treatment. February 22, 2023 Update: The judge in the 3M earplug MDL has scheduled a Data Day tomorrow, at which time Brown Greer, the third-party claims administrator for the MDL, will make a presentation outlining information about the thousands of hearing loss claims pending against 3M in the litigation. Dr. Packer told the jury that Sloan and Wayman suffered hearing damage during their time in the Army as a direct result of defects in the 3M Combat Arms earplugs. In July 2022, 3M said its Aearo Technologies subsidiary, which it acquired in 2008 and which made the earplugs, had voluntarily filed for bankruptcy to help establish a trust as it looked to . 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. I think this is one point on which our 3M earplug lawyer and 3M have common ground. A Tallahassee jury awarded the plaintiff $13.1 million in damages. Conversely, if this appeal fails as I strongly suspect that it will, 3Ms quiver is empty and settlements become that much harder. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. $110 million. July 8, 2022: 3M wants to weed out every 3M earplug lawsuit that is not a viable claim. Understandably. Scores of lawsuits filed by service members soon followed. Reach out to us at 800-553-8082 or connect with us online. The bankruptcy effort failed. It is also a distraction from the path to a fair settlement that is in everyones interest. 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. In the first bellwether trial, the jury hit 3M with $7.3 million in punitive damages, but that was split between 3 plaintiffs. One big problem was that they were too small for the Armys carrying case. June 15, 2022 Update: Settlement conference in 3M lawsuit set for July 15, 2022. 3M loses. 3M previously agreed to pay $9.1 million to resolve allegations that it knowingly sold its earplugs to the Defense Logistics Agency without disclosing defects that decreased the hearing. But the judge could not try the case this month for reasons external to the 3M litigation. If the 3Ms appeal of the bankruptcy court decision is denied, however, this will all be moot. 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. "name": "What Settlement Amounts Do You Expect for the Average Individual 3M Earplug Lawsuit? February 6, 2023 Update: The Bankruptcy Court in the Southern District of Indiana will hold a Status Conference next week on the recent Motion to Dismiss filed by the 3M earplug plaintiffs. I think this will happen, but this prediction would defy history. Lets assume there are 200,000 legitimate cases, and the average settlement payout is $100,000 per person. The Vilsmeyer verdict is yet another incredible victory that should push settlement amounts higher as 3M has to be in a full-scale panic at this point. Getting the 3M litigation into the mainstream media has oddly been a struggle given there are 300,000 soldiers bringing claims. April 7, 2022 Update: 3M presented two expert witnesses on Day 7: Jennifer LaBorde and Dr. John Casali. how much a 3M earplug lawsuit might be worth. It asked the U.S. Bankruptcy Court for the Southern District of Indiana to deny Aearos choice of Kirkland as its bankruptcy lawyers. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Now that the bankruptcy play has failed, Judge Rodgers is pushing both sides to go back to the settlement table again. September 15, 2022 Update: The two-day settlement talks begin today. 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. December 23, 2022 Update: The MDL Judge has imposed a significant sanction on 3M blocking it from pursuing the Aearo bankruptcy. 3M claimed defense victories in Rounds 2, 5, and 6. But just before those settlement talks, 3M executives were making statements to investors and financial analysts indicating that they are still clinging to the belief that they can settle the litigation in the bankruptcy court. January 8, 2023 Update: Bloomberg reports 3M has spent over $450 million in defense costs in the earplug litigation. 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.. March 3, 2022 Update: We are now 11 days from the next trial on the Steve Wilkerson case, an Afghanistan veteran. Our 3M earplug lawyers have not used these updates as a call us plug. 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. We think this is an effort by Judge Rodgers to facilitate continued settlement negotiations between 3M and the plaintiffs by giving everyone involved in the litigation a better idea of the scope and nature of the 268,000 hearing loss claims currently on the table. Indeed, the expected average individual settlement amount is rising based on these three verdicts. The new players on 3Ms legal team include Steven Reich, a former Justice Department official who was hired as 3Ms new chief counsel for risk management. They were sold to the military for $7.63. Wait what? How Much Do You Pay A Lawyer For A 3M Lawsuit? 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. Judge Rodgers explained that both sides are entrenched in their respective data metrics and that this has been the primary roadblock to getting a global settlement done. Plaintiff James Beal, an Army veteran, began his 3M earplug trial against 3M yesterday in Pensacola, Florida, the epicenter of this litigation so far. A federal jury on Thursday awarded $110 million to two U.S. Army veterans who said they had hearing damage because of combat earplugs produced by the . This is big news. It is. The Justice Department said that 3M Co. unit Aearo Technologies LLC should be thrown out of bankruptcy court, citing the recent dismissal of a similar case involving a Johnson & Johnson subsidiary.. Aearo's Chapter 11 case is an "abuse of the bankruptcy system" that was engineered to benefit its highly solvent corporate parent and avoid ongoing litigation stemming from allegedly faulty . 3M Earplug Lawsuit How Much Money Will I Get? So this is excellent news, right? Really? The trial was held at the federal courthouse in Pensacola, but it was presided over by a visiting judge from the Northern District of Alabama. 1,500 active cases have now been sent for trial prep for 2023. They modified the design by shortening the earplugs. has not baked the cost of a 3M earplug settlement into 3Ms stock price. The Court has already agreed to expedite the appeal. (3:19-cv-2324). How Do You Qualify For A Earplug Lawsuit? So here goes for old times sake. That decision will significantly impact the course of the litigation moving forward and could potentially render the appeal in 3Ms controversial bankruptcy gambit essentially moot. 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. The trial resulted in another defense verdict for 3M as the jury found that the plaintiff, Carlos Montero, failed to prove that his hearing loss was the result of defects in the 3M earplugs. The executives at 3M that decided to buy Aearo Technologies need to accept this mistake and move on. Now 3M might have a greater interest. "@type": "Question", The fear is how long it will take for it to pay that price. So now they fit. It featured opening comments from Judge Rodgers followed by a presentation by the third-party data administrator for the MDL. The appeal challenges the bankruptcy court decision in Indiana, which derailed 3Ms effort to force the earplug cases into bankruptcy court. So the design flaw was that the earplugs stem needed longer for soldiers with large, or even average, ear canals. The questions we got most are. Sloans claims are governed by Kentucky law. It is all upside for you. The vast majority of those are consolidated before U.S. District Judge M. Casey Rogers in the Northern District of Florida, in the largest multidistrict litigation in history. 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,. The 6th bellwether trial in the 3M earplugs MDL came in the case of Joseph Palanki v. 3M Co., et al. 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 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. October 22, 2022 Update: After granting a request for an expedited appeal, the Eleventh Circuit also granted 3Ms request to stay an order by the MDL judge which prevented 3M from contesting issues in the bankruptcy that had already been decided in the MDL. 3M has appealed Grahams decision, while plaintiffs have asked Graham to dismiss the Aearo bankruptcy. But a settlement of this magnitude will be a complex endeavor. July 26, 2022: 3M announced today that it will seek to resolve the earplug claims in bankruptcy. Your attorney should be in regular contact with you. by Roy D. Oppenheim. This litigation threatens to tarnish their legacy forever. February 7, 2023 Update: Plaintiffs lawyers smell blood in the water to kill 3M bankruptcy gambit. Meanwhile, 3Ms appeal of the bankruptcy court ruling rejecting its strategy is on appeal to the 7th Circuit. The 6 plaintiffs who won their cases have been awarded damages totaling $29,429,925. February 7, 2022 3M Earplug Bellwether Trial Update:The first 3M earplug lawsuit trial of 2022 ended two weeks ago for two soldier plaintiffs (Wayman and Sloan). March 28, 2022 Update: The action continues in the 3M litigation. So everyone can win here. "@type": "Question", ST. PAUL, Minn., March 1, 2023 /PRNewswire/ -- U.S. Department of Defense records for more than 175,000 plaintiffs show that the vast majority of claimants in Combat Arms earplug litigation have normal hearing under medically accepted standards. We do not think the stock market still! Initially, U.S. Bankruptcy Judge Jeffrey Graham was going to hear arguments on the motion this week. 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. May 18, 2022: On Day 7 of the trial, 3Ms defense team presented testimony from Eric Fallon and Dr. James Crawford. The first two days of the trial featured nearly eight hours of testimony from the plaintiffs leading expert witness, bioacoustics engineer Richard McKinley. So why now? The objection is based on procedural grounds and will likely be granted. 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. 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. And for the vast majority of plaintiffs, filing a claim requires minimal effort. Severe hearing damage lawsuits will be valued higher than tinnitus-only lawsuits. The final 3M earplug bellwether trial concluded this afternoon and the result was the most significant amount awarded to a single plaintiff. Shortly before the Wilkerson trial, 3M filed a motion arguing (among other things) that Wilkersons claims should be dismissed under the judicial estoppel rule because he failed to list his lawsuit against 3M as an asset in his recent bankruptcy. Plaintiffs lawyers contend in this brief and throughout this litigation that 3M is not a government contractor entitled to protection under the Feres Doctrine. Veterans agree. August 4, 2022 Update: The 3M Earplugs MDL Judge (Casey Rodgers) issued an Order stopping the process of transferring pending cases from the inactive to the active docket. 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. No serious lawyer agrees with that premise, including 3Ms lawyers. Friday morning (January 14, 2022) was Day 5. 3M cannot even make this argument to the jury, the court ruled, because no reasonable jury could conclude that the military made Aearo/3M do anything. However, none of these issues will matter if the 11th Circuit rejects 3Ms appeal of the bankruptcy court ruling. It would be nice to close out Trial #16 with a win. Our 3M earplug lawsuit attorneys get calls and online inquiries about this litigation every single day. 3 of the 9 plaintiffs lost and were awarded $0 damages. 3M agreed to pay $9.1 million to the government to settle the government's complaint. 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. July 15, 2022: The 3M earplug settlement talks began today and will go through the weekend in Florida. So we expect (an incorrect assumption in hindsight) the bankruptcy judge to rule before the end of tomorrow whether 3M lawsuits will be paused for the Aearo bankruptcy in the 3M earplug litigation. 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. 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.

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