Plaintiffs Prevail On Choice of Law for 3M Earplug MDL Trials

Plaintiffs Prevail On Choice of Law for 3M Earplug MDL Trials

A Florida federal judge overseeing MDL brought by service members and veterans who allege that defective 3M earplugs damaged their hearing sided with two plaintiffs on which states’ laws should apply in their upcoming bellwether trials.

“We are pleased with the court’s decision, and look forward to trial so that service members can hold 3M accountable for the permanent, life-altering hearing damage caused by these defective earplugs,” plaintiffs’ counsel said in a statement.

The five service members and vets were selected for an initial bellwether case pool in the multidistrict litigation, in which they and 220,000 others say 3M Co. and a predecessor, Aearo LLC, supplied CAEv2 earplugs that were defective and didn’t protect against service-related tinnitus and hearing loss.

They claim the earplugs were defective and didn’t come with full and honest warnings. Additionally they say they received the earplugs during their military service, had their hearing measured through military-issue audiograms and were injured during their military training.

Judge Rodgers came to the conclusion that Alaska law should apply because its contacts with the litigation are more substantial than those of Minnesota and Indiana, where some design decisions were made Also, applying Alaska law would most clearly advance that state’s interests by providing a “effective means of redress’ for residents who were tortuously injured in Alaska.”

The MDL includes suits from state courts in California, Minnesota, Oklahoma, and Texas, plus more than 600 related actions in more than 30 federal courts.

Share

Litigation Updates

3M Combat Arms Earplugs Lawsuit Update May 2022

May 20, 2022

May 20, 2022

3M Combat Arms Earplugs Lawsuit Update May 2022

Latest 3M Earplug Bellwether Trials see $50 Million and $8 Million Verdicts in Favor of Veterans

March 30, 2022

March 30, 2022

Latest 3M Earplug Bellwether Trials see $50 Million and $8 Million Verdicts in Favor of Veterans

$13 Million Awarded in 3M Earplug Lawsuit

November 16, 2021

November 16, 2021

$13 Million Awarded in 3M Earplug Lawsuit

Jury Hits 3M with $8.2M Verdict in Latest Earplugs Trial

October 2, 2021

October 2, 2021

Jury Hits 3M with $8.2M Verdict in Latest Earplugs Trial

Plaintiffs Prevail On Choice of Law for 3M Earplug MDL Trials

January 20, 2021

January 20, 2021

Plaintiffs Prevail On Choice of Law for 3M Earplug MDL Trials

Bellwether Trial Date Set for Largest Mass Tort in History

January 5, 2021

January 5, 2021

Bellwether Trial Date Set for Largest Mass Tort in History

CLIENT REVIEWS

quotation
Tom Lewis

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.

quotation
Jordan Terry

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.

quotation
Dave Woodley

All of my questions were answered quickly and in a way I could understand. Steve and the entire staff were friendly and professional.

quotation
Jordan Butler

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!

quotation
Maddy Moeller

Top-notch, hardworking attorneys!

quotation
Karen Hersman

A wonderful and professional legal team. They helped me when I needed expert legal representation! Thank you TorHoerman Law!

quotation
Angel Truesdale

They contacted me the next day. Very nice people!

THANK YOU FOR YOUR MESSAGE

One of our associates will follow up with you shortly