Welcome to the fourth issue of the 2021 edition of Unprecedented. For decades, asbestos lawyers have dealt with so-called secondary exposure claims where plaintiffs allege that they were injured by asbestos fibers carried home on a spouse or parent's clothing. That claim has now made its way to COVID-19 exposure cases, with a California couple alleging that the husband transmitted COVID-19 to his wife after exposure at work. The employer has moved to dismiss, colorfully arguing that allegations must be "tethered to this planet." And though the plaintiffs argue that they took extreme precautions to avoid exposure, we share the employer's skepticism: COVID-19 cases, more than other exposure cases, suffer from the thorny causation problem of proving that the plaintiff contracted the disease from one potential exposure rather than the myriad other potential exposures. Because a favorable ruling for the plaintiffs could open up the floodgates to other cases, however, this remains one to watch. In the meantime, continue on for discussion of litigation over workplace safety, government orders, insurance coverage, and more.
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