3M today filed a critical appeal in the ongoing Combat Arms Earplugs Version 2 (CAEv2) litigation.
The appeals ask the court to correct the legal and evidentiary issues present in the first and third trials in the ongoing bellwether process, as well as following trials.
The appeals raise several key issues in the litigation that could significantly alter the progression of this litigation. The combined effect of these errors render the trial outcomes useless for bellwether purposes.
For example, 3M continues to seek appropriate protection from litigation pursuant to the “government contractor defense,” having developed the CAEv2 product to meet the U.S. military’s request for a product that could meet specific and unique challenges faced by service members. If this issue alone is resolved in 3M’s favor, all of the claims associated with the CAEv2 product should be dismissed.
3M has great respect for the brave men and women who protect us around the world, and their safety is our priority. We are proud of our commitment to keeping our military safe through the supply of 3M products and we will continue to defend the product at issue in this litigation.