Simpkins v. CSX Transportation, Inc.

Liability for Secondary Exposure to Asbestos

NCLC's Position

NCLC urged the Illinois Supreme Court to hold that employers should not be held liable for secondhand, off-site exposure to hazardous materials that employees "take home" from the workplace. In this case, the plaintiff alleges she was exposed to asbestos carried home on the clothing of her former husband who worked for the defendant from 1958 to 1964. In its brief, NCLC provided an overview of the asbestos litigation crisis and warned that this case could exacerbate the problem. "Take home" asbestos exposure lawsuits such as this one have resulted in hundreds of millions of dollars in verdicts.

Case Outcome

The Court denied the motions of all potential amici for leave to file amicus briefs.

Procedural History

Amicus brief filed 2/15/11. Order denying motion to file amicus brief 5/27/11.

Case Documents