3M Earplug Scientist Must Testify in Five Upcoming Test Trials

Five servicemembers who allege 3M Co.'s combat earplugs failed to protect their hearing will be able to cross-examine a retired company scientist in their upcoming bellwether trials, even though he’s already testified extensively, a federal court in Florida ruled.

“There continue to be compelling circumstances” for Elliott Berger to provide live testimony by remote transmission rather than his now-"stale” videotaped deposition testimony, Magistrate Judge Gary R. Jones said Feb. 18 for the U.S. District Court for the Northern District of Florida.

The trials are part of massive consolidated litigation over Aearo Combat Arms version 2 earplugs, made by 3M Co. ...