Bellwether Military Earplug Verdicts Underscores Importance of Establishing Government-Contractor Defense

Bellwether Military Earplug Verdicts Underscores Importance of Establishing Government-Contractor Defense

In the most recent round of the long-running litigation overhearing protection supplied by manufacturing giant 3M and used by U.S. Military personnel from 2002 until 2015, Plaintiffs have obtained large verdicts in 3 out of 4 bellwether cases against 3M.

Case History

In July 2018, 3M reached a $9.1-million settlement with the Department of Justice in a False Claims Act lawsuit. Subsequently, hundreds of thousands of individual claims followed in courts across the United State, with Plaintiffs alleging that 3M’s Combat Arms Earplugs (Version 2) were defective.

In April 2019, the United States Judicial Panel on Multidistrict Litigation ordered that all earplug lawsuits against 3M pending in federal district courts would be transferred to the United States District Court for the Northern District of Florida (the “MDL”).

Once in the MDL, 3M sought summary judgment based on the government-contractor defense announced by the Supreme Court in Boyle v. United Technologies Corp., 487 U.S. 500 (1988).  The government-contractor defense shields manufacturers from liability when: 

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See the full, original post here: https://www.mondaq.com/unitedstates/product-liability-safety/1133022/bellwether-military-earplug-verdicts-underscore-importance-of-establishing-the-government-contractor-defense


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