Rehm v. Navistar International Corp. -- Legal Foundation Defends Employers' Immunity Under Workers Comp.

Kentucky Supreme Court

In an amicus brief filed in support of Navistar, NFIB argued that people who were receiving workers' compensation for asbestos exposure should not be permitted to sue employers under tort law.  The notion that a plaintiff can sue a series of defendants -- each owner of a factory in which he or she worked -- for workplace injuries and thus obtain separate settlements against each of them, has sparked a marked increase in asbestos claims and is unfair to employers who have contributed to the workers' compensation system.  Exposing employers to the risks and costs of the tort system forces employers to pay twice for the same liability.

Status: Decided. Amicus brief filed in support of Navistar on Jan. 1, 2006. Although NFIB's motion to participate as an amicus was denied, plaintiff's arguments were largely rejected by the court in August 2007.