3M Needs Answer on Army Materials in Earplug Suits, Judge Says

July 31, 2020, 7:56 PM

The Department of Defense has unreasonably delayed deciding whether to make certain employees available to 3M Co. for depositions in litigation over allegedly defective military earplugs, a federal magistrate judge said in a recommendation that it respond to the requests.

And a decision the department did make—not to allow one Army officer to sit for a deposition—was arbitrary and capricious, Magistrate Judge Gary R. Jones said in a report to the U.S. District Court for the Northern District of Florida.

The department, which isn’t a party in the litigation, should also respond to requests for data on noise and substances ...

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