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Supreme Court Vacates FELA Verdict Due to Improper Jury Instructions |
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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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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