The U.S. Chamber and a coalition of associations filed an amicus brief urging the New Mexico Court of Appeals to reject the “take-home” theory for asbestos liability. At issue in the case is whether employers whose employees may have been exposed to asbestos at the worksite–and therefore may have “taken home” asbestos–owe a duty to warn those who visit the homes of employees or otherwise come into contact with the employees may have been exposed. The coalition amicus brief explained that this would constitute a significant expansion of tort liability, potentially opening up a new wave of asbestos litigation that burden New Mexico’s court system
The brief was filed jointly by the U.S. Chamber, New Mexico Association of Commerce and Industry, Albuquerque Hispano Chamber of Commerce, New Mexico Defense Lawyers Association, Coalition for Litigation Justice, Inc., National Association of Manufacturers, American Tort Reform Association, American Insurance Association, and NFIB Small Business Legal Center.
Mark A. Behrens and Christopher Appel of Shook Hardy & Bacon L.L.P., along with Earl E. DeBrine, Jr. of Modrall, Sperling, Roehl, Harris & Sisk, P.A., served as co-counsel for the amici.