3M Must Defend Combat Earplugs Warnings Suit in State Court

March 24, 2020, 12:21 PM

3M Co. and its subsidiary Aearo Technologies LLC can’t keep a police officer’s suit over their military earplugs in federal court for consolidation with thousands of other cases, a federal court in Minnesota said.

The suit differs from many others because it alleges only that the earplugs lacked warnings and instructions for proper use, not that their design was defective, the U.S. District Court for the District of Minnesota said Monday. And 3M can’t show it has a viable federal contractor defense to a failure-to-warn claim, the court said.

Christopher Graves, a civilian police officer, alleged he bought a pair ...

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