High Court Overturns $5M Verdict In Asbestos Case

Law360, New York (June 1, 2009, 12:00 AM EDT) -- The U.S. Supreme Court has overturned a $5 million jury verdict in favor of an employee of CSX Transportation Inc. who claimed he developed lung disease after exposure to asbestos, ruling that the jury should have been instructed that the employee had to demonstrate that he had a “genuine and serious” fear of developing cancer as well.

In a 7-2 summary decision on Monday, the high court found that the state trial court and the Tennessee Court of Appeals, which affirmed the verdict, committed clear error...
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