U.S. Court of Appeals for the Sixth Circuit

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February 02, 2009

Interpreting Kentucky law, the Sixth Circuit joined myriad other courts to hold that employers cannot be liable for secondary exposure to asbestos because such exposure was not foreseeable in the 1950's and early 1960's when plaintiff's alleged exposures occurred.

U.S. Chamber files amicus brief on liability for secondary exposure to asbestos

February 21, 2008

NCLC urged the Sixth Circuit to reject finding liability under Kentucky law on the part of employers for secondary exposure to asbestos. In its brief, NCLC explained in detail the asbestos litigation crisis and the plaintiffs’ bar’s never-ending search for a solvent bystander. Secondary exposure has become the new frontier in the asbestos plaintiffs’ bar’s assault on American industry, and raises the specter of almost limitless liability. NCLC has filed briefs in courts across the country urging them to maintain traditional understandings of duty and foreseeability in tort law.

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