3M Can't Pin Defective Earplugs On Gov't, Military Users Say

Law360 (April 2, 2020, 5:01 PM EDT) -- 3M Co. can't argue that a government contract preemption gives it clearance to exit a suit over its allegedly defective earplugs, a group of military members told a Florida federal court Wednesday, because the earplugs were also advertised for civilian use.

In dueling motions for summary judgment, 3M argued that because it made the Combat Arms Earplug v2 for the military and discussed specifications with the government, the case should be preempted, while the military members say that defense is reserved for products made exclusively for the government, not those that are also sold for civilian use, such as the same...

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