A federal appellate judge appeared deeply skeptical Tuesday of U.S. District Judge M. Casey Rodgers’ order barring 3M from challenging in bankruptcy court her legal holdings in the combat earplug multidistrict litigation she’s overseeing.

U.S. Court of Appeals for the Eleventh Circuit Judge Gerald Tjoflat questioned whether Rodgers could invoke the All Writs Act to prevent 3M from allegedly relitigating issues decided during the MDL proceedings in its Chapter 11 in Illinois. That is where the company’s subsidiary Aearo is seeking to resolve thousands of lawsuits from service members who claim 3M’s earplugs caused hearing loss.

Judge Gerald Tjoflat of the U.S. Court of Appeals for the Eleventh Circuit. Photo: John Disney/Daily Report.