3M Lacks Immunity in Earplug Suits, Veterans Tell Appeals Court

3M Co. isn’t entitled to immunity as a government contractor from thousands of suits over allegedly ineffective combat earplugs, and can’t prevail on regulatory or evidence challenges either, four veterans told the Eleventh Circuit.

The veterans’ briefs Monday defending their jury verdicts interpret the events surrounding the US military’s adoption of the earplugs in a way that differs widely from 3M’s account in its opening attack on the test trial results and key rulings underlying them. The company is appealing an award of more than $7 million in a three-plaintiff trial and a judgment of more than $1 million for ...