Chemical and consumer product manufacturer 3M has agreed to pay $6 billion to settle numerous lawsuits from U.S. service members who say they experienced hearing loss or other serious injuries after using faulty earplugs made by the company.
The settlement, consisting of $5 billion in cash and $1 billion in 3M stock, will be made in payments that will run through 2029. The agreement announced by the Minnesota company on Tuesday marks a resolution to one of the largest mass torts in U.S. history.
Hundreds of thousands of veterans and current service members have reportedly sued 3M and Aearo Technologies, a company that 3M acquired in 2008, over their Combat Arms Earplug products. The service members alleged that a defective design allowed the products — which were intended to protect ears from close range firearms and other loud noises — to loosen slightly and allow hearing damage, according to Aylstock, Witkin, Kreis, & Overholtz PLLC, one of the law firms representing plaintiffs.
In an online summary about the Combat Arms Earlplug litigation, the Florida-based law firm notes that 3M previously agreed to pay $9.1 million to settle a lawsuit on behalf of the government alleging the company knowingly supplied defective earplugs to the U.S. military. And since 2019, the firm added, 3M has lost 10 of 16 cases that have gone to trial — awarding millions of dollars to plaintiffs to date.
In Tuesday’s announcement, 3M maintained that the agreement — which includes all claims in Florida’s multi-district litigation, coordinated state court action in Minnesota, and potential future claims — was not an admission of liability.
“The products at issue in this litigation are safe and effective when used properly,” the company wrote. “3M is prepared to continue to defend itself in the litigation if certain agreed terms of the settlement agreement are not fulfilled.”
3M has previously tried to reduce exposure to the earplug litigation through bankruptcy court, the Wall Street Journal reported. In 2022, Aearo filed for bankruptcy as a separate company, accepting responsibility for claims, but the filing was later dismissed in U.S. bankruptcy court.
Beyond the earplug litigation, 3M in June agreed to pay at least $10.3 billion to settle lawsuits over contamination of many U.S. public drinking water systems with potentially harmful compounds. The deal would compensate water providers for pollution with per- and polyfluorinated substances, also known as “forever chemicals.”
The agreement hasn’t been finalized yet. Last month, 22 attorneys general urged a federal court to reject the proposed settlement, saying it lets manufacturer 3M off too easily.
Hawaii’s electric utility acknowledged its power lines started a wildfire on Maui but faulted county firefighters for declaring the blaze contained and leaving the scene, only to have a second wildfire break out nearby and become the deadliest in the U.S. in more than a century.
Hawaiian Electric Company released a statement Sunday night in response to Maui County’s lawsuit blaming the utility for failing to shut off power despite exceptionally high winds and dry conditions. Hawaiian Electric called that complaint “factually and legally irresponsible,” and said its power lines in West Maui had been de-energized for more than six hours before the second blaze started.
In its statement, the utility addressed the cause for the first time. It said the fire on the morning of Aug. 8 “appears to have been caused by power lines that fell in high winds.” The Associated Press reported Saturday that bare electrical wire that could spark on contact and leaning poles on Maui were the possible cause.
But Hawaiian Electric appeared to blame Maui County for most of the devastation — the fact that the fire appeared to reignite that afternoon and tore through downtown Lahaina, killing at least 115 people and destroying 2,000 structures.
Neither a county spokesperson and nor its lawyers immediately responded to a request for comment early Monday about Hawaiian Electric’s statement.
The Maui County Fire Department responded to the morning fire, reported it was “100% contained,” left the scene and later declared it had been “extinguished,” Hawaiian Electric said.
Hawaiian Electric said its crews then went to the scene to make repairs and did not see fire, smoke or embers. The power to the area was off. Around 3 p.m., those crews saw a small fire in a nearby field and called 911.
Hawaiian Electric rejected the basis of the Maui County lawsuit, saying its power lines had been de-energized for more than six hours by that time, and the cause of the afternoon fire has not been determined.
The U.S. Department of Justice on Thursday sued SpaceX, the rocket company founded and run by Elon Musk, for alleged hiring discrimination against refugees and people granted asylum.
The complaint, filed in an administrative court within the department, asserts that SpaceX wrongly claimed that federal export control laws barred it from hiring anyone but U.S. citizens and permanent residents. As a result, it discouraged refugees and asylum grantees from applying for jobs at the company, according to the complaint.
Export controls typically aim to protect U.S. national security and to further national trade objectives. They bar the shipment of specific technologies, weapons, information and software to specific non-U.S. nations and also limit the sharing or release of such items and information to “U.S. persons.” But the Justice Department noted that the term includes not only U.S. citizens, but also permanent U.S. residents, refugees, and those granted asylum.
The department charged that SpaceX also refused to “fairly” consider applications from this group of people or to hire them. The positions in question included both ones requiring advanced degrees and others such as welders, cooks and crane operators at the company.
The U.S. is seeking “fair consideration and back pay” for people who were deterred from or denied employment at SpaceX due to the company’s alleged discrimination, in addition to undetermined civil penalties.
SpaceX, which is based in Hawthorne, California, did not reply to a request for comment.
The sanctuary in Grace Covenant Reformed Church was packed.
People stood shoulder to shoulder wherever they could — near the stained glass windows depicting scenes from the Bible, behind the neatly lined rows of chairs that serve as pews, against a wall covered in crosses made from painted wood, wire, glass and ceramic red chiles.
Bibles and hymnals rested under every seat, but they weren’t used that Monday night last September. There was no sermon, because this wasn’t a church service.
Residents of Clovis, a town of some 40,000 people a mere 20-minute drive to the Texas state line, crammed into this little brick building that night to discuss a plan of action to ban abortion.
Just three months earlier, the U.S. Supreme Court had issued its ruling in Dobbs v. Jackson, overturning Roe v. Wade, the landmark case that had legalized abortion in the U.S. for almost 50 years.
As trigger laws banning the procedure began going into effect across the nation — in places including neighboring Texas — abortion providers took up residence in New Mexico, which has some of the most permissive abortion laws in the U.S.
“As the laws in this country change before our very eyes,” Gov. Michelle Lujan Grisham said on the day Roe was reversed, “I will continue to fight for the right to a safe, legal abortion in New Mexico and stand as a brick wall against those who seek to punish women and their doctors just because they seek the care they need and deserve.”
In the year since Dobbs, New Mexico has been a brick wall and a safe haven — for those who provide abortions and those who desire or need them.
West Virginia can restrict the sale of the abortion pill, despite federal regulators’ approval of it as a safe and effective medication, a federal judge has ruled.
U.S. District Court Judge Robert C. Chambers determined Thursday that the near-total abortion ban signed by Republican Gov. Jim Justice in September 2022 takes precedence over approvals from the U.S. Food and Drug Administration.
“The Supreme Court has made it clear that regulating abortion is a matter of health and safety upon which States may appropriately exercise their police power,” Chambers wrote in a decision dismissing most challenges brought against the state by abortion pill manufacturer GenBioPro, Inc. in a January lawsuit filed in the state southern district’s Huntington division.
Since the U.S. Supreme Court last year overturned Roe v. Wade, the 1973 ruling that provided nationwide access to abortion, most GOP-controlled states have enacted or adopted abortion bans of some kind, restricting abortion pills by default. All have been challenged in court.
Legal experts foresee years of court battles over access to the pills, as abortion-rights proponents bring test cases to challenge state restrictions.
In West Virginia’s case, regulation of medical professionals “is arguably a field in which the states have an even stronger interest and history of exercising authority,” than the federal government, Chambers decided.
GenBioPro, Inc., the country’s only manufacturer of a generic version of the abortion pill mifepristone, had argued that the state cannot block access to a U.S. Food and Drug Administration-approved drug.
Chambers dismissed the majority of the manufacturer’s challenges, finding there is “no disputing that health, medicine, and medical licensure are traditional areas of state authority.”
Maui County released the names of 388 people still missing Thursday more than two weeks after the deadliest U.S. wildfire in more than a century, and officials asked anyone who knows a person on the list to be safe to contact authorities.
The FBI compiled the list of names. The number of confirmed dead after fires on Maui that destroyed the historic seaside community of Lahaina stands at 115, a number the county said is expected to rise.
“We also know that once those names come out, it can and will cause pain for folks whose loved ones are listed,” Police Chief John Pelletier said in a statement. “This is not an easy thing to do, but we want to make sure that we are doing everything we can to make this investigation as complete and thorough as possible.”
Names on the list were deemed validated if officials had a person’s first and last name and a verified contact for the person who reported them missing, officials said.
An additional 1,732 people who had been reported missing have been found safe as of Thursday afternoon, officials said.
On Wednesday, officials said 1,000 to 1,100 names remained on the FBI’s tentative, unconfirmed list of people unaccounted for, but DNA had been collected from only 104 families, a figure far lower than in previous major disasters around the country.
Pelletier said Tuesday that his team faced difficulties in compiling a solid list. In some cases, people provided only partial names, and in other cases names might be duplicated. Hawaii officials had expressed concern that by releasing a list of the missing, they would also be identifying some people who have died.
A New Mexico judge on Wednesday rejected a request by Alec Baldwin ’s attorneys to dismiss a civil lawsuit by three “Rust” crew members who allege cost-cutting endangered the cast and crew as the actor-producer skipped his own safety training.
Chief District Judge Bryan Biedscheid also declined to delay proceedings despite arguments by Baldwin’s legal team that doing to so would put their client at risk of self-incrimination since prosecutors have yet to decide whether to refile criminal charges against him over the fatal on-set shooting of a cinematographer.
Attorney Robert Schwartz told the judge there would be nothing to prevent prosecutors from using evidence gleaned from discovery in the civil case against Baldwin in the criminal case, if charges are refiled. As an example, he pointed to any interpretation of Baldwin’s production contract and what authority he had over decision making.
Schwartz said the court is putting Baldwin in an “unfortunate position.”
“No protective order can protect him against that. It just can’t happen,” Schwartz said. “So what’s going to happen is Mr. Baldwin is going to assert his 5th Amendment rights and the plaintiffs are not going to get any discovery in the meantime.”
The judge disagreed, saying he would be mindful of Baldwin’s rights.
Prosecutors have been mum about when a decision will be announced, but in asking for the civil case to be delayed, Schwartz indicated Wednesday that it could some within the next few weeks.
The 2021 shooting resulted in a series of civil lawsuits centered on accusations that the defendants were lax with safety standards. The cases have including wrongful death claims filed by members of Hutchins’ family. Baldwin and other defendants have disputed accusations they were lax with safety standards.
The plaintiffs in the case heard Wednesday say Baldwin and the other producers cut corners, ignored reports of multiple unscripted firearm discharges and rushed to finish the film while being understaffed. They also say they suffered mental anguish and emotional distress by witnessing the shooting.
Baldwin’s attorneys argue that none of the plaintiffs were physically injured and should not be allowed to recover any damages. They contend that gun safety was the responsibility of others — not Baldwin — and that his authority as a producer was limited to making suggestions on the script and casting.
A separate settlement to resolve allegations of workplace safety violations was finalized in March by New Mexico workplace safety regulators and Rust Movie Productions. Following its review, the state issued a scathing narrative of safety failures in violation of standard industry protocols, including testimony that production managers took limited or no action to address two misfires on set before the fatal shooting.
Regulators also documented gun-safety complaints from crew members that went unheeded and said weapons specialists were not allowed to make decisions about additional safety training.