3M won a court victory in its escalating feud with the Florida judge overseeing thousands of combat earplug lawsuits after a federal appeals court temporarily stayed what 3M called an “unprecedented and impermissible” injunction order.
The U.S. Court of Appeals for the Eleventh Circuit granted 3M’s request to stay the Aug. 16 injunction order from U.S. District Judge M. Casey Rodgers of the Northern District of Florida, who is managing more than 230,000 lawsuits in multidistrict litigation over its dual-ended combat earplugs. Rodgers, in her injunction order, took the unusual step of invoking the All Writs Act to prohibit 3M from challenging her rulings in U.S. Bankruptcy Court, where its subsidiary filed a Chapter 11 case on July 26. That’s because 3M’s subsidiary, Aearo Technologies, in listing the reasons for its bankruptcy filing, referenced a multidistrict litigation docket that was “broken beyond repair.”
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