3M Combat Earplug Fight at Crossroads as Court Strategies Falter

3M Co. tried a bankruptcy court gambit to resolve about 230,000 combat earplug defect cases—and lost. Now it must find another way through the mass tort litigation, a path that involves some combination of trials, appeals, and settlements.

That combination creates tricky choices for 3M, especially about timing. It’s faced with pressure to settle the huge inventory of veterans’ hearing loss and tinnitus claims, but has appeals pending. More trials beyond the 16 that have taken place could help or hurt its settlement position.

The stakes in the multidistrict litigation, and on appeal, could hardly be greater.

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