Group Urges Court to Uphold Interpretation of Secondhand Exposure Duty

CINCINNATI -- Saying that the liability connection between defendants and plaintiffs has become tenuous as asbestos litigation has evolved, an amici group has urged the U.S. Court of Appeals for the Sixth Circuit to uphold a ruling rejecting a secondhand exposure duty. Martin v. Cincinnati Gas & Electric Co., et al., No. 07-6385 (6th Cir.).

In the Feb. 21 filing with the appellate court, the group contends that the decision is consistent with those reached across the country, and notes that New Jersey is the "only court of last resort to go the other way."

In Sept. 2007, the U.S. …