3M Says It Should Get Contractor Shield in Earplug Warning Cases

3M Co. is entitled to argue the government oversaw its development of combat earplugs in several civilian workers’ cases, and to litigate them in federal court, because the workers’ failure-to warn claims are design-defect claims in disguise, the company told the Eighth Circuit.

The federal district court in Minnesota improperly relied on another case there that didn’t address that issue, 3M and its subsidiary, Aearo Technologies LLC, said in a Sept. 18 appellate brief. The federal court saw no federal issue and ordered the cases sent to Minnesota state court.

But the case belongs in federal court and should be ...