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Supreme Court Vacates FELA Verdict Due to Improper Jury Instructions



by Barry Levenstam
Jenner & Block LLP - Chicago Office

August 18, 2009

Previously published on June 2009

In CSX Transportation, Inc. v. Hensley, 129 S. Ct. 2139 (2009) the United States Supreme Court vacated a $5 million jury award issued by a Tennessee state trial court in favor of a railroad worker, and it remanded the matter for further proceedings. The Court held that the trial court had refused to instruct the jury on the proper legal standard for awarding fear-of-cancer damages in an asbestos case, citing the Supreme Court's decision in Norfolk & Western Railway Co. v. Ayers, 538 U.S. 135 (2003).


 

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