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3M CEO Must Attend Mediation in Earplug Litigation, Judge Rules

Submitted by ckanon@abi.org on
A federal judge has ordered 3M Co. CEO Michael Roman to attend mediation aimed at resolving nearly 260,000 lawsuits alleging that 3M military earplugs caused hearing loss, saying the negotiations have reached a “critical juncture,” Reuters reported. District Judge Casey Rodgers, in whose Florida court the lawsuits have been consolidated, ordered Roman to attend mediation talks so that he may "listen and engage directly with the mediators." The mediation so far has been "encouraging," but it requires 3M senior leadership to push ahead. Roman's attendance will ensure that 3M's board will have "firsthand knowledge of the current state of the negotiations" when evaluating any settlement offer, Judge Rodgers said. 3M has sought to resolve the lawsuits brought by veterans and members of the military who allege that 3M's combat arms earplugs were defective and damaged their hearing through the bankruptcy of its subsidiary Aearo Technologies LLC, which manufactured the earplugs. 3M had opposed efforts to renew mediation efforts while Aearo's bankruptcy case is pending. Previous efforts reached an impasse in January, as 3M and the earplug plaintiffs focused their attention on Aearo's bankruptcy. A company spokesman said that 3M continues to believe that Aearo's bankruptcy provides a better option for resolving the earplug claims "more quickly, with more certainty and with more balanced recoveries among claimants." Aearo's bankruptcy strategy has been fiercely opposed by plaintiffs, who said that 3M was merely trying to escape litigation following a series of unfavorable legal rulings and trial losses. (Subscription required.)