October 26, 2022 Update: 3M asked Judge Rogers permission to file another motion in on the successor liability motion for summary judgment plaintiffs' lawyers filed in the Wave 1 cases. See October 11, 2022 update below. Yesterday, Judge Rogers refused to grant 3M permission to file a sur-repy [SIC].
Sur-reply is an additional reply to a motion filed after the motion has already been fully briefed.
October 11, 2022 Update: The plaintiffs in the 3M earplugs MDL filed a motion seeking summary judgment on the issue of whether 3M is fully and independently liable for all injuries related to the earplugs.
The motion is an effort to block any remaining hope 3M may have of forcing the litigation into bankruptcy via its Aearo subsidiary.
This is the second time the earplug plaintiffs have asked the MDL Judge for a ruling that would preempt 3M’s bankruptcy strategy. Judge Rogers denied the previous motion because it was premature.
The most recent summary judgment motion, however, has a much better chance of success. Meanwhile, 3M’s appeal of the bankruptcy court ruling rejecting its strategy is on appeal to the 7th Circuit.