The federal judge overseeing the mass tort litigation over 3M Corp.’s military earplugs has ordered the company to enter into mediation talks through the end of the month with plaintiffs who say they suffered hearing loss due to earplug defects.
Judge M. Casey Rodgers of the Northern District of Florida issued the order Aug. 30 in the wake of a bankruptcy judge denying defendants’ motion for a preliminary injunction against the multidistrict litigation involving 3M and other defendants.
Rodgers also called on the defendants to engage in settlement talks a month ago, but 3M sought a bankruptcy strategy once those talks ended, according to the law firm Miller & Zois. The company continues to stand behind that strategy.
“We continue to believe that the Chapter 11 process is the most efficient, expeditious and equitable way forward, and we remain confident in our legal strategy,” 3M spokeswoman Carolyn LaViolette told the Florida Record in an email. “As always, we will productively engage in mediation discussions.”
Rodgers expressed optimism that a new mediation session would produce results.
“The court is encouraged by the parties’ renewed commitment to (finding a solution) and has no doubt that the extraordinarily talented and experienced counsel on both sides can and will be successful,” the judge said in the Aug. 30 order.
The cases of 220,000 plaintiffs have yet to be resolved through trials, according to Rodgers. And forging an overall settlement for such cases, which have their own issues and complexities, won’t be easy, she said.
3M is facing strong pressures from investors and financial analysts who have called on the company to offer reasonable settlements to military service members who have suffered hearing loss or tinnitus as a result of using the combat earplugs during their terms of service, according to Miller & Zois.
The dates when the parties will take part in the new round of mediation remain unclear.