U.S. Court of Appeals for the Third Circuit

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Case Updates

Third Circuit rejects liability for secondary exposure to asbestos

July 11, 2008

The Third Circuit dismissed this case because the complaint was insufficiently pled.

U.S. Chamber files amicus brief

March 12, 2007

Raising the specter of almost limitless liability, NCLC urged the Third Circuit Court of Appeals to reject finding liability under Pennsylvania law on the part of employers for secondary exposure to asbestos. In this case, the plaintiff is the daughter of one of the defendants’ employees, and she claims her mesothelioma is due to contact with her father’s work clothes. NCLC has filed briefs in courts across the country urging them to maintain traditional understandings of duty and foreseeability in tort law.

Case Documents