In Behringer, et al. v. Alcoa Inc., the appeals court found that the premises owner owed no duty to household members of an individual who worked on its premises for second hand asbestos exposure. Plaintiffs in that case have asked the Texas Supreme Court to review that decision. On June 13, 2008, Gardere lawyers submitted an amicus brief in opposition to the supreme court granting review, arguing that Texas should follow those states that have refused to recognize a duty owed by landowners and employers to household members.

Link to the American Chemistry Council’s amicus brief.

Link to article: Texas Courts Embrace the National Trend on Household Asbestos Exposure