Martin
PIKEVILLE, Ky. – The personal injury lawyers accused by 3M of conspiring to file frivolous claims on behalf of coal miners are asking a Kentucky federal judge to throw out the case.
John Givens, Glenn Hammond and Michael Martin all filed motions to dismiss on Oct. 3, arguing the company is attempting to “repackage” their hundreds of black-lung cases into a single racketeering lawsuit against the three.
“At its core, this lawsuit is an impermissible collateral attack on the dust mask litigation in Kentucky courts – and a transparent attempt to retaliate against attorneys who represent coal miners and their families who suffer from lung injuries related to coal dust exposure,” Martin’s motion says.
The trio reached a business agreement to pursue more than 850 claims against 3M filed over an 18-month period.
Cited by 3M is an errant text message from 2023 Martin accidentally sent to one of 3M's outside lawyers, complaining that Hammond is "hurting our clients with real claims because so many are frivolous."
"Yet Martin shortly thereafter filed an appearance as counsel against 3M in that very same frivolous case," 3M's complaint says.
"Defendants banded together with others... to form an unlawful enterprise to cheat 3M, exploit coal miners, and burden the courts with cases that should have never been filed in the first place."
That text was part of proceedings in Galveston County, Texas, in which 3M sought to depose Martin. The attorney was part of Texas' silicosis litigation mess two decades ago and was found by Judge Janis Jack to have waited too long to file a client's case and concealed it from the client for nine months.
The client alleged Martin suggested he lie about when he discovered his injury so the statute of limitations wouldn't apply. Ultimately the client sued Martin for legal malpractice and won $150,000.
Though he fought being deposed, 3M was eventually able to question him and obtained additional evidence to use in its new lawsuit. Martin said the text showed he did "not agree with the filings by co-counsel Glenn Hammond" and did "not believe these filings by co-counsel, Glenn Hammond, rise to the level of injury needed to be a good claim."
Martin said Hammond was "over-pleading" cases.
With 3M turning its attention to the lawyers and not their cases, they voluntarily dismissed more than 40 claims in Kentucky court in early 2023. They admitted none of the 44 claimants had been diagnosed with black lung at the time their claim was filed.
But Martin says that is simply a byproduct of these types of claims. There is a one-year statute of limitations on product-liability claims, so lawyers often file suit to preserve claims later determined not to be ripe, like when the coal miner is found not to have pneumoconiosis, Martin said.
3M said in a state court pleading that this type of dismissal “happens all the time.”
“A review of these court transcripts and pleadings illustrates the implausibility of 3M’s RICO claim because 3M Company lawyers agreed to allow Plaintiffs’ counsel to initiate early dismissal of plaintiffs who may not have viable claims,” Martin’s motion says.
The allegations must be rejected, Martin says, because the defendants are immune for their litigation activity under the Noerr-Pennington doctrine and 3M can’t rely on litigation communications and testimony to sustain RICO claims.
“Plaintiff’s attempt to convert black lung litigation into a federal racketeering claim is a textbook example of improper use of civil RICO and common law claims of fraud and civil conspiracy,” Martin says.
