The 3M earplug litigation—pending before Judge Casey Rodgers in the Northern District of Florida—over a more than three-year period has included hundreds of hearings and status conferences, 16 trials, innumerable motions and orders, three special masters, multiple plaintiff and defense attorney committees, 3,300 docket entries, dismissals of tens of thousands of individual cases, and much more—with much of this conducted through a global pandemic.

Yet in a series of filings in bankruptcy court in the Southern District of Indiana, where 3M is seeking to end this multidistrict litigation composed of approximately 230,000 claims filed by veterans asserting hearing damage, the company proclaims that Rodgers and her magistrate have, in short, not paid sufficient attention to the case, rendering the MDL “broken beyond repair.”

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