Blackwell Burke Defeats One of Nation’s Largest MDLs – More than 5,000 Cases Dismissed

Blackwell Burke won a landmark victory for 3M Company in the federal Bair HuggerTM Multidistrict Litigation (MDL) securing the dismissal of one of the ten largest MDLs in the country. The MDL court dismissed the more than 5,000 cases against 3M after it entered summary judgment for 3M and granted the firm’s motion to exclude the opinions of the plaintiffs’ experts.  Measured by the number of cases dismissed, the firm’s summary judgment win represents one of the largest-impact defense wins in history.

“From the beginning, our strategy has been to keep the focus on the science,” said Firm CEO and founder, Jerry W. Blackwell. “That started with conducting a Science Day to educate the judges and continued through the three-day Daubert hearing, trial, and the motion for summary judgment.  The medical and scientific communities have rejected the plaintiffs’ theories, and now the courts have as well.  We are thrilled that we were able to achieve this terrific outcome for 3M.”

The victory follows Blackwell Burke’s win in the first bellwether trial in the Bair Hugger MDL in May 2018. The jury returned a verdict for 3M in just over 90 minutes. In early 2018, the firm also won summary judgment in 61 Bair Hugger cases in Minnesota state court. The Minnesota court of appeals affirmed the state court victory.

Jerry Blackwell led the trial team and argued the successful motion to bar the plaintiffs’ experts. Blackwell Burke’s team also included partners Benjamin W. Hulse, Mary S. Young, Corey L. Gordon, and Deborah E. Lewis; special counsel Monica L. Davies and Micah L. Hines; associates Charmaine K. Harris, Ted Hartman, Vinita Banthia, and Amarachi Ihejirika; and paralegals Katrina St. Clair, Desweon Hinds, and Jallison Hubbard.

The case has received broad media coverage in national and local markets.

https://www.businesswire.com/news/home/20190801005546/en/3M-Scores-Major-Legal-Victory-Bair-Hugger
https://www.mprnews.org/story/2019/08/01/3m-claims-major-victory-in-medical-device-litigation
https://www.msn.com/en-us/news/world/brief-3m-scores-major-legal-victory-in-bair-hugger-litigation/ar-AAFbgcL

About Blackwell Burke P.A.

Blackwell Burke is a certified minority-owned trial firm that represents corporate clients in high stakes class actions, mass torts, MDLs, and commercial litigation, both at trial and on appeal. The firm has been repeatedly recognized as one of the top litigation defense firms in the country by BTI, Chambers, Best Lawyers, and others. Benchmark Litigation named Blackwell Burke the Minnesota Firm of the Year in each of the last three years.

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