3M Should Get Contractor Shield on Earplugs, Business Group Says

The U.S. military’s role in helping a 3M Co. subsidiary develop combat earplugs created a “uniquely federal interest” that blocks service members’ state-law hearing-loss claims, according to a brief to the Sixth Circuit by the U.S. Chamber of Commerce.

The Chamber’s brief supports 3M and its Aearo Technologies LLC unit as they appeal four verdicts for veterans in early test trials. The trial court said before the trials that the government didn’t substantively review Aearo’s design choices in making the Combat Arms Earplug Version 2, which allegedly failed to prevent hearing loss and tinnitus.

“When government contractors adhere to their ...