Thursday, December 1, 2022
Ever since 3M had its subsidiary, Aearo Technologies, file bankruptcy, the proceedings in the 3M earplugs class action MDL have been frozen by an automatic stay.
Recently, however, a group of earplug plaintiffs filed a motion seeking to partially lift that stay with respect to all cases alleging injuries occurring after 3M’s acquisition of Aearo in 2008. The motion argues that the stay should not be applicable to these cases because they do not involve claims of direct liability against Aearo.
MDL Judge Casey Rogers has given 3M a deadline of December 5th to file a response.
The new deadline for Aearo’s brief is now December 12, 2022. The Court has already agreed to expedite the appeal. This means that the or-l argument could be scheduled as soon as April or May 2023 and a ruling could come soon afterward.