In the case of Norfolk & Western Railway Company v. Freeman Ayers et al., 2002, the U.S. Supreme Court was asked to determine whether a railway company could be held liable for damages under state law due to secondary (or "take-home") asbestos exposure suffered by family members of employees who worked directly with or around asbestos-containing materials. The plaintiffs were relatives of railway workers who had allegedly contracted diseases from inhaling asbestos dust brought home on their working family member's clothing. In a unanimous decision, the court ruled that an employer’s duty to protect against “take-home” asbestos exposure extends only as far as its own premises and does not extend beyond this point into homes where secondhand exposure might occur. Therefore, it concluded that Norfolk & Western Railway Company could not be held responsible for these off-site exposures under Federal Employers' Liability Act (FELA). This ruling significantly limited potential liability claims related to take-home toxic torts.

In the dissenting opinion for Norfolk & Western Railway Company v. Freeman Ayers et al., Justice Ginsburg, joined by Justices Stevens and Breyer, argued that the majority's decision to not hold railroads liable for workers' asbestos-related injuries was inconsistent with previous rulings of the Court. The dissent pointed out that under Federal Employers’ Liability Act (FELA), employers are held responsible if their negligence played any part in causing an employee’s injury. They contended that there was sufficient evidence showing railroad companies knew about the dangers of asbestos exposure but failed to warn or protect their employees adequately. Therefore, they believed these companies should be held accountable for contributing to asbestosis among its workers even when other factors like smoking may have also contributed to lung diseases.