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

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 ...