3M Earplugs Lawsuits' First Jury Trial To Begin On March 29

Introduction

On January 25, U.S. District Judge M. Casey Rodgers, presiding over the 3M earplugs multidistrict litigation, issued an order stating that trial for the three cases that were consolidated for the first jury trial will begin on Monday, March 29, 2021, and conclude by Tuesday, April 27, 2021.

According to the order, the trial and all pretrial proceedings will be conducted at the United States District Court, One North Palafox Street, Courtroom 5, Pensacola, Florida, and jury deliberations will begin at the latest by Wednesday, April 28, 2021.

The parties are required to file the following papers by March 8, 2021:

The pretrial stipulation, prepared following Paragraph IV of the order dated January 25.
For each case, 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.

As far as COVID-19 precautions and Procedures are concerned, the following measures will be taken:

The deputy clerk will disinfect the witness stand after each witness’s testimony.
The counsel will responsible for disinfecting the lectern after each use.
Alcohol wipes will be provided.
Additional specific COVID-19 precautions and procedures will be discussed with the parties and adopted at a later date.

The trial will begin as soon as jury selection is completed, and each trial day will begin at 8:00 AM with a court/counsel conference.

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.

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