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3M Bid for Early Judgment in Second Earplug Test Trial Rejected

May 27, 2021, 3:48 PM

A veteran’s evidence at the second bellwether trial over allegedly defective 3M Co. combat earplugs suffices to allow a jury to find in his favor, so the company isn’t entitled to judgment without even presenting a defense, a federal court in Florida ruled.

Dustin McCombs offered enough proof on whether the earplugs caused his hearing loss and tinnitus, and five challenged claims meet minimum legal standards to proceed, Judge M. Casey Rodgers said Wednesday for the U.S. District Court for the Southern District of Florida. Her written order followed a ruling from the bench.

McCombs’ trial follows a test trial ...

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