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PETERS v. TEXAS INSTRUMENTS INCORPORATED

C.A. No. 10C-06-043 JRJ.

Christopher Peters, by his father and next friend Grady Peters, and Grady Peters and Rosetta Peters Individually, Plaintiffs, v. Texas Instruments Incorporated, Defendant.

Superior Court of Delaware, New Castle County.

Date Decided: September 30, 2011.

Attorney(s) appearing for the Case

Ian C. Bifferato, Esquire , David W. deBruin, Esquire , Kevin G. Collins, Esquire , John Z. Haupt, Esquire , Richard S. Gebelein, Esquire , Bifferato, LLC, 800 North King Street, 1st Floor, Wilmington, Delaware, 19801, Charles S. Seigel, Esquire , (argued), pro hac vice, Waters & Kraus, LLP, 3219 McKinney Ave., Dallas, Texas 75204, attorneys for the plaintiffs.

Katharine L. Mayer, Esquire , McCarter & English, LLP, 405 North King Street, 8th Floor, P.O. Box 111, Wilmington, Delaware, 19899, Mary A. Wells, pro hac vice, Marilyn S. Chappell, Esq. (argued), pro hac vice, Wells, Anderson & Race, LLC, 1700 Broadway, Suite 1020, Denver, Colorado 80290, attorneys for the defendant.

JURDEN, J.

I. BACKGROUND AND PROCEDURAL HISTORY

Defendant, Texas Instruments Incorporated ("T.L"), has filed a Motion to Dismiss, arguing that all of the plaintiffs' claims are barred by the exclusivity provision of the Texas Workers' Compensation Act.1

Plaintiffs allege that while employed at T.I.'s Texas Facilities, Grady Peters was exposed to "hazardous, genotoxic, and reproductively toxic substances"

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