Three Cases On Track For 3M Earplug's Bellwether Trials

Three Cases On Track For 3M Earplug's Bellwether Trials

Introduction

Last month, U.S. District Judge M. Casey Rodgers, presiding over the 3M earplug multidistrict litigation, issued an order indicating that two more bellwether trials will be held in the following months after the first trial.

The court order dated February 24 indicates that the second trial will begin on Monday, May 17, 2021, and will conclude by Friday, May 28, 2021. The third trial will begin on Monday, June 7, 2021, and will conclude by Friday, June 18, 2021.

The parties are required to file a pretrial stipulation and the following papers by April 16, 2021:

• The pretrial stipulations, prepared in accordance with Paragraph IV of the attached order.
• For both the cases, a trial brief or memorandum with citation of authorities and arguments in support of each side’s position on all disputed issues of law, with a copy to opposing counsel.
• Written requests for instructions to the jury, together with proposed verdict forms.

The trials and all pretrial proceedings will be conducted at the United States District Court, One North Palafox Street, Courtroom 5, Pensacola, Florida.

The result of these trials will not hold an obligation on other cases and will be closely monitored by the parties as it would influence settlements for veterans, helping avoid the need for individual trials nationwide in the coming years.

Currently, more than 220,000 claims are filed by veterans from state courts in California, Minnesota, Oklahoma, and Texas against 3M Company, each raising similar allegations that the hearing loss injuries were caused by defective 3M earplugs that were standard issue by the military between 2003 and 2015.