Plaintiffs Prevail On Choice Of Law For 3M Earplug MDL Trials

Law360 (January 19, 2021, 7:18 PM EST) -- The Florida federal judge overseeing multidistrict litigation brought by service members and veterans who allege that defective 3M earplugs damaged their hearing sided with two plaintiffs on which states' laws should apply in their upcoming bellwether trials.

In a pair of orders released over the holiday weekend, U.S. District Judge M. Casey Rodgers ruled that Washington state and Alaska law will apply in Lloyd Baker's and Dustin McCombs' respective trials, in both cases rejecting the defendants' bid to apply state law from Indiana, where 3M predecessor Aearo LLC was headquartered and performed some of the design work on the Combat Army...

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