Martin
PIKEVILLE, Ky. - 3M is charging plaintiff lawyers with racketeering, alleging they conspired to file frivolous claims on behalf of coal miners to overwhelm the company with litigation and force a settlement.
The company, which faces litigation alleging its dusk masks did not protect miners from black lung, sued three lawyers on June 13 in Kentucky federal court. Named as defendants are Glenn Hammond, Mike Martin and Johnny Givens - lawyers at different firms who reached a business agreement to pursue the cases.
The three filed more than 850 claims against 3M over an 18-month period. Cited 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.
A month later, another case was dismissed for missing the statute of limitations. The court ordered a deposition of Hammond, who said he hadn't heard about dust mask cases until around the time he took on the client - February 2020.
"This foundational lie was intended to overcome 3M's statute of limitations defense for many cases in which their clients met with Hammond, Martin or givens more than one year prior to their complaints being filed," 3M says.
"Hammond's under-oath statement is unquestionably perjurious, as 3M can prove that Hammond began conducting case intakes for dust mask cases no later than 2016."
After the court found an affidavit from Hammond was "materially false," his business partners tried to separate themselves from him, 3M claims. They asked for a stay of hundreds of cases in Kentucky on the basis that many of them could potentially be fraudulent.
Martin is also accused of coaching a client to give testimony that would have defeated 3M's statute-of-limitations defense.
