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3M racketeering lawsuit over alleged coal-dust claims can proceed in Kentucky

A federal judge will allow 3M’s racketeering case against three attorneys to move into discovery, despite questions about whether the company can ultimately prove its allegations. The judge separately dismissed 3M’s civil-conspiracy and fraud claims.

3M racketeering lawsuit over alleged coal-dust claims can proceed in Kentucky
A federal lawsuit accusing three attorneys of organizing allegedly fraudulent coal-dust claims against mask maker 3M can proceed in the Eastern District of Kentucky, though a judge dismissed two of the company’s claims. In a Sept. 30 ruling, U.S. District Judge Robert Wier denied requests to dismiss the case, allowing discovery to move forward. Wier said 3M faces a high bar to prove its racketeering allegations and that he had “many questions” about the case’s factual merits. He dismissed the company’s claims of civil conspiracy and fraud. 3M, based in Minnesota, sued Pikeville attorney Glenn Hammond and attorneys Michael Martin and Johnny Givens last year. The company alleges they coordinated claims by former coal miners and their families who said they developed black lung despite wearing 3M masks. The claims were brought in 22 lawsuits involving about 850 miners, according to 3M’s allegations. The company contends some claims were fraudulent and that the attorneys encouraged miners to make false statements about their injuries and the masks. The defendants asked the court to dismiss the lawsuit. 3M also alleges the attorneys worked together to increase the number of claims and potentially raise settlement costs. The company says a lawyer accidentally sent one of its attorneys a text describing some claims as “frivolous.” It further alleges two attorneys later tried to distance themselves from Hammond, who 3M says concealed evidence. Black lung is caused by inhaling fine coal dust and has no cure. Rates among Appalachian miners have risen to their highest levels since the 1970s, according to an NPR investigation cited in the case coverage. The ruling allows 3M’s racketeering claims to continue, but it does not establish that the defendants committed fraud or other wrongdoing. 3M’s attorneys and Hammond had not immediately responded to requests for comment.

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