The MDL Judge has imposed a major sanction on 3M blocking it from pursuing the Aearo bankruptcy. Rogers hit 3M with this unprecedented sanction for what she described as 3M’s “brazen abuse of the litigation process.” The sanction prevents 3M from avoiding liability for the earplug claims by shifting blame to Aearo Technologies, the subsidiary which filed bankruptcy in August. In her lengthy opinion (3M Sanctions Order), Judge Rogers blasts 3M for going through 4-years of litigation without ever suggesting that Aearo was the real part in interest:
Scorched earth battle was waged against every theory of liability alleged in this litigation, yet there was nary a whisper that Aearo, and not 3M, was the only proper target, or even a target at all.
Judge Rogers points out that it was only after 3M was unhappy with the outcome of the MDL that it suddenly changed its story and claimed that Aearo was actually the party with liability. The sanctions imposed by Rogers completely bar 3M from pursuing this argument and impose sole liability for the earplug claims on 3M. This is a VERY big deal because it means that the pending appeal in the Aearo bankruptcy is basically meaningless now. The MDL plaintiffs are now free to go after 3M separately. The only caveat is that 3M will now file an immediate appeal of this new ruling, and the MDL cases will be stayed pending the outcome of that appeal.