A Florida federal judge denied for a second time a bid from military veterans to send their suits over allegedly defective 3M earplugs back to Minnesota state court, saying neither this group’s “novel” arguments nor her recent rejection of one of the company’s defenses makes the federal forum inappropriate.
Ruling on motions from 70 plaintiffs, U.S. District Judge M. Casey Rodgers stood by her ruling earlier this year in which she denied 341 motions to remand on behalf of more than 5,700 veterans who also originally filed in Minnesota state court.
“Broadly speaking, plaintiffs’ allegations mirror the allegations of the initial Minnesota plaintiffs in all material respects,” Judge Rodgers said. “Inexplicably, however, plaintiffs’ briefing fails to address, or even acknowledge, the court’s rulings with respect to federal officer removal in the first remand order.”
Judge Rodgers also said that a summary judgement ruling she issued in July in which she sided with the veterans and rejected 3M’s argument that Aearo was exempt from civil claims in the suit on the basis of its government contract did not strip away the federal court’s jurisdiction over the case.
“In short, because the summary judgement standard substantially differs from the plausibility standard for removal, the court’s summary judgement order does not impact the court’s analysis in the first remand order or its finding that defendants advanced a colorable federal defense,” she said.
The MDL was formed in the Florida federal court in April 2019. In the litigation, 140,000 military members say the earplugs were defectively designed and made, causing them to develop tinnitus and suffer hearing loss. They allege the defendants were responsible for the defects and failed to adequately warn the government about the issue.
TorHoerman Law was responsible for handling a medical case for our family. I was extremely impressed with their professionalism and ability to react quickly. They also did a nice job keeping us updated with the case throughout the process. This was the first time experiencing a situation like this and Tor Hoerman law did an excellent job from start to finish.
TorHoerman Law is an extraordinary law firm – a firm that truly makes the client’s best interests the primary concern. Their team of personal injury lawyers are experienced, personable, and well versed in a range of litigation areas. They are supported by a dedicated team of staff that are as equally friendly and helpful. I would recommend TorHoerman Law for any personal injury litigation needs.
All of my questions were answered quickly and in a way I could understand. Steve and the entire staff were friendly and professional.
I highly recommend this law firm! The attorneys and staff at THL worked hard, communicated every step of the process, kept me well informed at all times, and exceeded all expectations! The staff is kind, considerate, professional, and very experienced. Look no further, call now!
Top-notch, hardworking attorneys!
A wonderful and professional legal team. They helped me when I needed expert legal representation! Thank you TorHoerman Law!
They contacted me the next day. Very nice people!