In a major step forward for the plaintiffs’ legal teams involved in the massive 3M earplug litigation, the lawyers have moved closer to securing their share of the multi-billion dollar settlement. After 3M agreed to pay $6.01 billion to resolve claims related to defective earplugs causing hearing damage in U.S. service members, the law firms driving the case are inching toward a substantial payout.
The legal teams behind the landmark case, including Seeger Weiss, Aylstock, Witkin, Kreis & Overholtz, and Clark, Love & Hutson, recently convinced a U.S. District Judge to maintain a 9% hold-back on the settlement funds, a decision that will ensure they and approximately 60 other law firms involved in the case receive compensation for their work.
This colossal litigation, which involved 16 trials—10 of which the plaintiffs won—saw attorneys invest hundreds of thousands of hours and significant financial resources. Despite the progress, the allocation of the $540 million in legal fees is still under discussion, with a retired judge overseeing the process to ensure fair distribution.
The case stems from allegations that 3M’s Combat Arms earplugs, made by its subsidiary Aearo Technologies, caused hearing loss in military personnel between 2003 and 2015. Although 3M has denied any wrongdoing, claiming the earplugs were safe and effective, the settlement has paved the way for a resolution to the largest mass tort litigation in U.S. history.
While the court reviews how to divvy up the funds, the plaintiffs’ attorneys are already preparing for what could be a significant windfall. For many, the $540 million in legal fees represents a well-earned reward after years of extensive litigation and costly trials.
In a separate legal development, a court recently upheld a decision rejecting a patent claim involving a software tool for tracking lawyer billable hours. This adds another layer to the ongoing conversation around legal fees and compensation, a subject that continues to evolve alongside high-profile class action cases.
