Updates

The twelfth and thirteenth bellwether trials resulted in two plaintiffs’ verdicts. The jury in the Vilsmeyer trial awarded the plaintiff $50 million in compensatory damages, and the jury in the Wilkerson trial awarded the plaintiff $8 million in compensatory damages. In the Wilkerson trial, 3M won on seven of the nine claims litigated. While we are disappointed with the results, we do not believe the plaintiffs met their burden of proving their claims.

The same issues raised in our earlier appeals relating to legal defenses and evidentiary rulings apply in these trials. The U.S. Chamber of Commerce filed an amicus brief in our recent appeals arguing that the district court’s decision on the government contractor defense could negatively affect companies’ ability to protect American service members. If the court rules in favor of our appeals, this could significantly alter the progression and outcome of this litigation.

Our five successful trials in the bellwether cases — as well as the fact that we won on seven of the nine claims litigated in the Wilkerson trial — demonstrate that plaintiffs face significant challenges proving their claims. These challenges have no doubt motivated their counsel to dismiss eight of the cases that were selected for trial. With only 13 trials thus far, plaintiffs have dismissed as many cases as trials they have won.

The next trial is scheduled to begin on Monday, March 28, in Pensacola, Florida. We look forward to continuing to defend our product.