Master Docket No. 3:19md2885

September 8, 2023

On September 8, 2023, the Court conducted Case Management Conference No. 23 to discuss the 3M Settlement Program. 

Please click here to view a recording of that proceeding.

September 2, 2023

BrownGreer PLC, Settlement Data Administrator, has prepared a Settlement Implementation Timeline, as well as CMO 60 Identification Order Instructions, to assist Counsel and Eligible Claimants in fulfilling their obligations under the Master Settlement Agreement and related orders of the Court.

Settlement Implementation Timeline

CMO 60 Identification Order Instructions

August 29, 2023

The parties announced today that, without any admission of liability, 3M Company has agreed to pay $6 billion to resolve the nearly 250,000 lawsuits in the MDL filed by United States military service members, veterans, and commercial users, alleging CAE-related injuries from use of the CAE for hearing protection.  The Settlement also involves thousands of similar CAE claims in Minnesota state court. 

To facilitate implementation of the parties’ Settlement, the Court has entered several orders (see Important Documents on this page), clarifying the settlement requirements, highlighting important dates and deadlines, and setting forth the obligations of counsel and litigants who do not participate in the settlement and instead choose to continue litigating against Defendants:

1. Case Management Order No. 57 (Ongoing Litigation Against Defendants)—Outlines the requirements for any ongoing litigation against Defendants. This Order requires all Litigating Plaintiffs to produce certain specified information regarding their claim(s) and provides deadlines to meet certain requirements relating to product use, alleged injury, causation, time-based defenses, and related dispositive motion practice, prior to any further supplemental discovery.
    
2. Case Management Order No. 58 (Settlement Implementation Order—Applies to All Eligible Claimants)—Sets forth the general requirements for Eligible Claimants who wish to participate in the Settlement Program and be bound by the Combat Arms Master Settlement Agreement (“MSA”). 
    
3. Case Management Order No. 59 (Docketing Procedures for MSA Eligible Claimants and Administrative Docket Tolling Clarification)—Sets forth the applicable docketing procedures going forward and clarifies the tolling provision in Administrative Docket Order No. 1.
    
4. Case Management Order No. 60 (Identification Order & Declarations)—Requires all CAE Counsel for all Eligible Claimants for which they are Primary Counsel and all Eligible Pro Se Claimants to provide information to the Court in the format set forth below by no later than September 12th (the “Reference Date” in the MSA), regardless of intent to participate in the Settlement Program.
    
5. Case Management Order No. 61 (Third-Party Litigation Funding)—Addresses disclosures related to third-party litigation funding agreements entered into by CAE Claimants.
    

On April 3, 2019, the Judicial Panel on Multidistrict Litigation centralized and transferred the 3M Combat Arms Earplug Products Liability Litigation, MDL No. 2885, to this Court for pretrial proceedings before Judge M. Casey Rodgers.  The related actions generally allege that the defendants’ dual-ended Combat Arms earplugs were defective and caused the plaintiffs to develop hearing loss and/or tinnitus.  The Panel determined that these actions involve common question of fact “concerning the design, testing, sale, and marketing” of the Combat Arms earplugs.  The Panel also found that centralization would “eliminate duplicative discovery; prevent inconsistent pretrial rulings on Daubert issues and other pretrial matters; and conserve the resources of the parties, their counsel, and the judiciary.”

This website is provided for the convenience of all interested parties.  For a complete record of the filings in this matter to date, please log into PACER and review the master MDL docket, Case No. 3:19md2885.