The deadline for appealing the decision of the bankruptcy court has been extended, so 3M is not giving up just yet. If a successful appeal is made, all the cases will be transferred back to bankruptcy court in Indiana.
The deadline for appealing the decision of the bankruptcy court has been extended, so 3M is not giving up just yet. If a successful appeal is made, all the cases will be transferred back to bankruptcy court in Indiana. The next deadline for Aearo's brief is December 12, 2022. The Court has agreed to expedite the appeal, which means that the oral argument could happen as early as April or May 2023.
The MDL is an ongoing legal action that has prompted many people to seek personal injury claim money from the company Aero. The K&E law firm is the primary defense firm in these cases and it spurred lawyers for the plaintiffs to argue that K&E cannot simultaneously represent Aero in the bankruptcy proceedings because it presents a conflict of interest.
The bankruptcy judge wasn't convinced, but he did mention that any conflicts could most likely happen in the future and that K&E is "navigating a minefield."
The earplug plaintiffs have joined the DOJ in objecting to the Aearo bankruptcy because the same law firm, Kirkland & Ellis, is representing Aearo in the bankruptcy and 3M in the MDL. The plaintiffs claim that this is a clear conflict of interest.
It is still unknown whether 3M will be held solely accountable for the earplugs their subsidiary Aero originally developed, or if they'll only receives a percentage of responsibility since the company is filing for bankruptcy.