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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!