Two motions filed this week in Pensacola, Florida, federal court by plaintiffs in the multidistrict litigation made separate arguments over why the company could not escape the nearly 300,000 lawsuits by putting its Aearo Technologies subsidiary - the original maker of the earplugs, which 3M bought in 2008 - into bankruptcy.
Plaintiffs have said they suffered injuries including tinnitus and hearing loss after using Aearo's CAEv2 earplugs in combat or training because they did not form an adequate seal.filed Thursday, veteran Guy Cupit argued that 3M, which has not declared bankruptcy itself, cannot now argue that it is not liable for its subsidiary's products because it failed to raise that defense over three years of litigation. He asked U.S. District Judge M.
Valle said such an order was necessary to prevent 3M from unfairly seeking a "second bite at the apple" in bankruptcy court simply because it does not like the results it has obtained in the district court.
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