If the motion to dismiss is granted and upheld on appeal, it would needlessly disrupt the well-established Chapter 11 process to return to protracted litigation in the mass tort system, which after sixteen trials to-date has not provided clarity or certainty. The standard for dismissal of a chapter 11 case varies among Circuit courts, as acknowledged by the Third Circuit in its decision.

Aearo's case is in the Seventh Circuit.

The bankruptcy court expressly stated that the Aearo entities 'are appropriate debtors with cognizable liabilities under the Bankruptcy Code' and 'are named as defendants in most, if not nearly all, of the Actions.'.

The bankruptcy court has repeatedly reinforced Aearo's legitimacy, including in its opinion on the Preliminary Injunction.

Aearo is a valid, existing business with more than 40 years of operating history.

The facts and circumstances of Aearo and 3M's efforts to resolve ongoing Combat Arms earplugs litigation are different from those involving the LTL Management case or a 'Texas Two-Step' in many important ways, including:

The motion to dismiss has no immediate impact on these ongoing efforts to resolve the litigation.Īearo and 3M will remain focused on these discussions and to finding a path forward toward a prompt and complete resolution for all parties while they prepare their written response to the motion and for a future hearing. Aearo and 3M intend to continue to engage in mediation discussions toward a global resolution working with all parties, the mediators, and the courts.

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