3M still_has_some shots-on-goal in_the earplug litigation…
As far as I know, 3M’s next step is to appeal the bankruptcy court’s decision in the Federal Circuit Court, where the case is heard by a 3-judge panel. I.e., 3M needs to convince 2 of the 3 Circuit Court judges to overturn the lower-court ruling.
If 3M fails to obtain a reversal of the lower-court ruling in the Circuit Court hearing, the company will presumably request an en banc rehearing of the case, where all 9 judges from the (regional) Federal Circuit Court hear the case. It takes 4 of the 9 judges to grant the request for an en banc rehearing and 5 of the 9 judges to prevail on the merits and overturn the lower-court ruling.
If 3M is unsuccessful in the Federal Circuit Court, the next step is to appeal to the USSC. At the USSC, it takes 4 of the 9 justices to grant certiorari and 5 of the 9 justices to prevail on the merits.
All told, I think 3M’s chances of overturning the lower-court ruling are 30-40%. The fact that there is a precedent for using the bankruptcy court to do what 3M is trying to do is helpful.
“The efficient-market hypothesis may be
the foremost piece of B.S. ever promulgated
in any area of human knowledge!”
